[Direct answer]In the field of land expropriation and demolition, it's not impossible to win against the government in litigation. According to Article 34 of the Administrative Procedure Law, the defendant bears the burden of proof for the legality of the administrative act. If the defendant fails to provide or provides evidence beyond the time limit, it shall be deemed that there is no evidence. Article 70 stipulates that the court shall rule to revoke the administrative act in cases of insufficient main evidence, violation of legal procedures, and exceeding the scope of authority. In practice, there are many successful cases of confirming the illegality of forced demolition, revoking compensation decisions and ordering land surrender decisions, and redressing administrative omissions through litigation. The key is to do three things correctly: fix the illegal points through information disclosure, take action within the time limits of 60 days for reconsideration and 6 months for litigation, and provide sufficient evidence according to standards such as the market price at the time of forced demolition. The correct approach is to first sue to confirm the illegality of forced demolition or revoke the illegal documents, and then apply for state compensation. Beijing Henglu Law FirmLand expropriation and demolition administrative litigation teamAn assessment can be conducted on a case-by-case basis. For more details, please refer to the following link:Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Articles 34 and 70 of the Administrative Litigation Law of the People's Republic of China (amended on June 27, 2017)

Article 34 establishes the reversal of the burden of proof for the defendant: The defendant shall provide evidence of the act and the normative documents on which it is based. If the defendant fails to provide such evidence or provides it late without a valid reason, it shall be deemed that there is no corresponding evidence, which fundamentally balances the litigation positions of the government and the citizens. Article 70 lists six circumstances under which a judgment may be revoked: insufficient main evidence, erroneous application of laws and regulations, violation of statutory procedures, exceeding authority, abuse of power, and manifestly improper actions. Matters such as expropriation and demolition without approval, illegal appraisal procedures, and forced demolition without signing an agreement and making a compensation decision all fall within the scope of being revoked or confirmed as illegal.

2. Articles 4 and 36 of the State Compensation Law of the People's Republic of China (amended on October 26, 2012)

Article 4 clearly stipulates that if the administrative organ illegally confiscates or requisitions property and causes damage, the victim has the right to obtain state compensation; Article 36 stipulates the compensation methods and calculation standards. If the property is lost or cannot be restored to its original state, it shall be compensated according to the direct losses. In practice, courts generally hold that the compensation for illegal demolition should not be lower than the market value of similar houses in the reconstruction area or nearby areas at the time of demolition. It can be determined by referring to the "Evaluation Methods for House Acquisition on State-Owned Land". The losses of items in the house and the interest on the occupied funds should also be claimed together. In case of doubt, the benefit shall be attributed to the property owner.

3. Practical judicial interpretation (the conditions for winning a lawsuit against the government by a private individual)

The court's review of such cases exhibits two characteristics: strict procedural review, and whether the announcement, evaluation, hearing, and enforcement are carried out in accordance with the law are the administrative organs' frequent losing points; lenient compensation standards, where the administrative organs that carried out the illegal demolition are held liable for the market value at the time of demolition, rather than settling the matter at a historically low appraisal price. Most plaintiffs lose the case due to exceeding the statute of limitations for filing a lawsuit, conflating the claims for confirming the illegality and compensation, and insufficient evidence of losses. The correct approach is to proceed in two steps: first, confirm the illegality of the demolition or revoke the illegal documents, and then claim compensation after the judgment takes effect. It is crucial to avoid making unrealistic demands all at once.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:In 2007, Liu Shufen and Zhang Quan applied for the reconstruction of their original residential land. The approval form stated that the household head was Liu Shufen, and the allocated residential land was 121 square meters. A house was built around 2009. To build Area F, the A City government issued a compensation and resettlement plan in 2010. The plaintiff's house was within the scope of the expropriation approval. In 2015, the surveying and mapping showed that the house was 814.78 square meters, and the total appraised value was 1,034,880 yuan. In June 2021, the expropriation authority claimed that only 121 square meters were legal, and the rest would not be compensated. On June 18, a supplementary appraisal was conducted, and the value was only 176,285 yuan. On November 17, 2021, the municipal government demolished the plaintiff's house without reaching a compensation agreement or making a compensation decision in accordance with the law. Liu Shufen and Zhang Quan entrusted Beijing Henglu Law Firm to handle the case.Wu JianiThe lawyer protects the client's rights and interests.

The focus of the controversy:First, is it illegal to forcefully demolish a building without reaching an agreement or making a compensation decision in accordance with the law, and whether the liability for compensation exists? Second, should the compensation be calculated based on the market value of similar houses in the area at the time of the forced demolition? Third, how to provide evidence and determine the losses such as the value of the house, the items in the house, and the interest on the funds occupied?

Our position and the other party's position are as follows:The plaintiff claimed that the forced demolition was illegal and demanded six claims, including restoring the original state, compensating for the loss of the house at market price, compensating for the loss of items, and paying interest on the occupied funds; the defendant, the municipal government of a certain city, as a powerful administrative organ, claimed that its expropriation and demolition were legal and did not agree to compensate according to the standards claimed by the plaintiff.

Attorney's Strategy and Legal Opinion:Attorney Wu Jianni formulated a three-step approach of "strengthening the basis of the illegal demolition, clarifying the compensation standards, and enhancing the supporting evidence": 1. First, file a lawsuit to confirm the illegality of the demolition and win the case in two instances, laying the foundation for compensation. On February 24, 2025, the plaintiff applied for state compensation, but the defendant failed to make a compensation decision within the statutory time limit, so the plaintiff initiated an administrative compensation lawsuit according to law. 2. Clarify the compensation standards. According to Articles 4 and 36 of the State Compensation Law, the plaintiff claimed compensation not less than the market value of similar houses in the area at the time of the demolition. The plaintiff may refer to the "Evaluation Methods for Housing Acquisition on State-Owned Land" and request an independent and objective report from an evaluation agency. In case of doubt, the benefit of the doubt shall be granted to the property owner. 3. After months of effort, the plaintiff sorted out the approval forms for residential plots, the review records of the village groups, the surveying and evaluation materials, and the inventory lists, comprehensively claiming compensation for the losses of the house, items, and interest.

The court's reasoning and the outcome of the case:On the basis of the court's confirmation that the forced demolition was illegal in the effective judgment, the court adopted the lawyer's opinions on the compensation standards and the organization of evidence, and determined that the defendant should bear compensation liability for the forced demolition and relocation without following the legal procedures. In the end, the court awarded the plaintiff a satisfactory compensation. This is a rare case in which a "citizen suing the government" successfully won a national compensation case against a prefecture-level city government, demonstrating that as long as the illegal points are accurately identified, the evidence is solid, and the procedures are properly followed, ordinary farming families can legally win against the government.

This case is handled by Beijing Henglu Law Firm.Wu JianiThe attorney (practice license number: 11101202011245064, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: Can ordinary people really win lawsuits against the government?

Yes. The design of the administrative litigation system aims to supervise administrative organs: the defendant bears the burden of proof, the judgment documents are made public, and there are multiple layers of supervision in the appeal and retrial processes. There are numerous successful cases where illegal demolitions were confirmed as illegal, compensation decisions and land expropriation orders were revoked, and administrative omissions were rectified through administrative reconsideration. This article presents a case where the municipal government was successfully sued and the plaintiff received state compensation. However, winning the case requires that the challenged action indeed violates the law and that the evidence is solid. If the other party's procedures are complete and the compensation has been paid, litigating aggressively may only result in wasted time and effort. Therefore, a legal analysis should be conducted before initiating litigation to ensure the legality of the case.

Q2: Are there any time limits for suing the government?

There are indeed such cases, and it's very easy to exceed the time limit. If you are dissatisfied with an administrative act, you can first apply for administrative reconsideration within 60 days from the date you become aware of it. If you are dissatisfied with the reconsideration decision, you can file a lawsuit within 15 days after receiving the decision; you can also file a lawsuit directly without going through the reconsideration process, with a time limit of 6 months from the date you become aware of the administrative act. If the government fails to inform you of the litigation time limit, there are other calculation rules, but the maximum protection period is limited. There are many documents and critical points in the expropriation and demolition process. After receiving the compensation decision, the order to surrender the land, and the notice of forced demolition, you should immediately consult a lawyer to schedule the deadlines. If the time limit is exceeded, you will lose the opportunity to win the lawsuit.

Q3: How long does an administrative lawsuit usually last?

The first-instance ordinary procedure shall make a judgment within 6 months from the date of filing, and the summary procedure shall be completed within 3 months; if the party is not satisfied with the judgment of the first instance, they shall appeal within 15 days, and the second-instance court shall make a final judgment within 3 months. Including case filing, service of documents, and appraisal and evaluation, the entire procedure usually takes about a year; the case cycle of the two-step approach is longer, and it is possible to strive for a connection between the two trials. For parties who exchange compensation for time, they should simultaneously evaluate and negotiate the room for compromise. Negotiating through litigation is often faster than stubbornly sticking to the original position in obtaining resettlement and compensation.

Q4: Can I appeal the case if I lose the first-instance trial?

Yes. If a party disagrees with the first-instance judgment, they should file an appeal within 15 days, and the second-instance court will conduct a comprehensive review of the case. After the judgment becomes effective, if the party believes that there is new evidence sufficient to overturn the original judgment or that the main evidence used to determine the facts in the original judgment is insufficient or that the law applied is incorrect, they may apply for a retrial within six months after the judgment becomes effective. In practice, it is not uncommon for administrative cases to be retried in the second instance and retrial. Cases involving land expropriation compensation and resettlement decisions have been successfully retried by the second-instance court, with the first-instance judgment and the resettlement decisions being overturned. The key to successful retrial still lies in taking action within the time limit and organizing evidence.

Q5: What are the costs and risks of suing the government?

The cost threshold is low: the acceptance fee for administrative cases is only 50 yuan, and there is no charge for review. The main costs are attorney fees and time investment. The risks are concentrated in three areas: missing the litigation time limit means losing the case; during the litigation period, the execution of administrative acts is not generally suspended. It is necessary to seek to suspend the execution or obtain preliminary property preservation based on procedural violations; if the violations are not accurately identified, the litigant may only obtain confirmation of the violation and limited compensation. The lawyer should evaluate the litigation strategy between whether to claim compensation at the same time or litigate in stages. Overall, the risks are manageable, and the core variable is the degree of professional preparation.

IV. Suggestions for Protecting Your Rights

  • Upon receiving documents such as the compensation decision and the order to surrender the land, first calmly check the deadlines. Follow the reverse-counting timeline of 60 days for reconsideration and 6 months for litigation, and avoid using delay to resist enforcement.
  • Apply for government information disclosure as soon as possible, retrieve the land expropriation approval, the red line map, and the proof of compensation funds, and nail down the illegal points in the written materials.
  • After the forced demolition, the process should follow two steps: first, confirm the illegality of the demolition; second, seek compensation. The compensation should be claimed based on the market price at the time of the forced demolition, and one should not easily accept a low-value assessment as a fallback option.
  • All aspects of the house, items, and operational losses are fully documented throughout the process: approval surveying and evaluation documents, photos of the item list, and benefit receipts are all collected in one file.
  • For matters involving governments at the municipal level or above, or major property interests, the party shall entrust a lawyer to handle the litigation.Administrative litigation over land expropriation and demolitionThe lawyer provided full legal representation throughout the entire process. For more details, please refer to the attached document.Beijing Henglu Law Firm.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits.Land expropriation and demolition legal services·Attorney Wu Jiani·Beijing Henglu Law Firm