[Direct answer]The application for disclosure of government information on demolition shall be in writing, stating the applicant's identity information, the name of the respondent authority, the name and content description of the information to be disclosed (such as land expropriation approval, compensation and resettlement plans and announcements, etc.), the method of obtaining the information and the date of signing, and attaching a copy of the ID card and retaining the mailing receipt. According to Article 33 of the Regulations on the Disclosure of Government Information, if the administrative authority cannot reply on the spot, it shall reply in writing within 20 working days, and the extension period shall not exceed 20 working days; if the application is refused, not replied within the time limit, or the authority claims that "the information does not exist", the applicant may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law, and may, if necessary, entrust Beijing Henglu Law Firm to handle the matter on his behalf.Land expropriation and demolition lawyer teamDraft application form, please refer to the details for more information.Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Articles 27 and 33 of the Regulations on the Disclosure of Government Information of the People's Republic of China (amended and implemented on May 15, 2019)

Article 27 clearly stipulates that, in addition to proactive disclosure, citizens, legal persons, or other organizations may apply to local people's governments at all levels and government departments at or above the county level to obtain relevant government information, and the persons subject to expropriation are eligible applicants. Article 33 sets a time limit for responses: if the information can be provided on the spot, it shall be provided on the spot; if it cannot be provided on the spot, the response shall be provided within 20 working days from the date of receipt of the application. Any extension shall be subject to the approval of the head of the institution and shall be notified to the applicant, with the maximum extension period not exceeding 20 working days. When applying, the applicant shall list the name of the information item by item, and the more specific the description is, the less likely it will be evaded.

2. Articles 26 and 28 of the Implementing Regulations of the Land Administration Law of the People's Republic of China (effective September 1, 2021)

The regulations revised in 2021 established an open chain for the expropriation of collective land: Article 26 requires municipal and county governments to issue pre-announcements of land expropriation, conduct surveys of the current situation and assess the risks of social instability; Article 28 requires the formulation of land expropriation compensation and resettlement plans and their announcement within the rural areas, stating the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation methods and standards, the resettlement objects and methods, social security, etc. The pre-announcement, the stability assessment report, the compensation and resettlement plans, and the announcements are all information that should be made public. Those who claim that the expropriation has not been carried out can check each item and claim in the appeal that the government has not performed its duties in accordance with the law.

3. Practical adjudication guidelines (determination of non-action and burden of proof)

In the practice of administrative review and litigation, there are usually three key points of review: First, whether the administrative organ responds in writing within the statutory time limit. Refusing to accept the application, giving verbal responses, or remaining silent beyond the deadline are all easily deemed as failing to fulfill statutory duties; Second, whether the response content corresponds to the application. If the administrative organ refuses to provide information on the grounds of "not being the production subject" or "the house not being expropriated", it is generally required to provide evidence that it has searched for the information in accordance with the law. The most common pitfall is only making phone calls to urge for a response without leaving written records. The correct approach is to send the request by EMS and keep the delivery receipt. If there is no response by the due date, immediately initiate an administrative review to formalize the administrative omission in writing.

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

Review of the case:Zhou * from Liaoning had his legal house expropriated during the renovation of the shantytown. The compensation agreement stipulated the amount and method of compensation, but the actual compensation received after the house was demolished was much less than what was agreed upon. Moreover, there was only one original copy of the agreement, which was taken away by the relevant department, leaving Zhou * without any evidence. After repeatedly demanding compensation without success, Zhou * entrusted Beijing Henglu Law Firm to handle the case for him.Wu JianiThe lawyer safeguarded the client's rights. The lawyer's first step was to guide the client to submit an application for information disclosure to the town government, requesting to provide the land expropriation and demolition agreement for the shantytown renovation project, and repeatedly made phone calls to fix the fact that no reply was given.

The focus of the controversy:First, after receiving the application, the town government did not respond on the grounds that it was "not the party responsible for drafting the agreement". Does this constitute a failure to fulfill its statutory duty to disclose government information? Second, when the agreement is not in hand and there is no direct evidence, how can the actual agreed compensation amount be reconstructed? Third, after confirming that the failure to perform its duties is illegal, how can the difference be recovered through the state compensation procedure?

Our position and the position of the other party are as follows:Zhou * claimed that he had signed a housing demolition and relocation agreement with the relevant department, but the compensation he received was less than what was agreed upon. His request to disclose the agreement was denied, and he alleged that the town government failed to perform its duties in accordance with the law. The town government argued that the agreement was signed with the town housing demolition center, and Zhou * was not a qualified subject. Moreover, since the agreement was signed by him, he should have been aware of its content, and the request for disclosure of the agreement did not constitute government information.

Attorney's Strategy and Legal Opinions:Attorney Wu Jiani pointed out that after receiving the application, the defendant should provide a written response based on the content of the application and cannot refuse to respond on the grounds that it is not the party responsible for the production. The town government's failure to fulfill its statutory obligations to disclose information constitutes a violation of the law. After confirming the violation, the attorney successfully initiated a state compensation procedure, using the effective judgment as a leverage to promote compensation negotiations, and helped the relevant departments reach a mediation agreement with Zhou * to compensate him.

The court's reasoning and case handling results:The court adopted the lawyer's opinion and determined that the town government should provide a written response based on the content of the application after receiving it, and could not refuse to respond on the grounds of not being the producer of the information. Its failure to fulfill its statutory obligations to disclose government information was illegal, and the court ruled that it was in violation of the law. Subsequently, the lawyer immediately initiated the state compensation procedure. The relevant departments reached a mediation agreement with Zhou * and agreed to compensate him. Zhou * ultimately received the agreed compensation in full. This case shows that a properly written request for disclosure of information can serve as fixed evidence and a leverage for compensation.

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

III. Frequently Asked Questions

Q1: If my application is rejected or not responded to, can I still protect my rights?

Yes. First, fix the evidence: keep a copy of the application, EMS delivery receipts, and signed receipt records. For rejected applications, keep the return receipts. According to Article 33 of the Regulations on Open Government Information, if the reply cannot be given on the spot, it shall be given in writing within 20 working days, and the extension shall not exceed 20 working days. If the reply is not given within the time limit, it constitutes an omission of duty. The applicant may apply for administrative reconsideration to the superior authority or the people's government at the same level, or file an administrative lawsuit to request confirmation of the illegal non-performance of duties and order a written reply within a specified time limit. In the aforementioned Zhou * case, the applicant used the confirmation of the illegal act as a pivot to recover the agreed compensation through the state compensation procedure.

Q2: What content should be included in the application to avoid being rejected easily?

All five basic elements are indispensable: the applicant's name, ID card number, and contact information; the exact name of the respondent authority; the name and content description of the information to be disclosed, such as the approval number of the land expropriation, the pre-announcement of the expropriation, the compensation and resettlement plan and announcement, the proof of the availability of compensation funds, the expropriation announcement, etc.; the way to obtain the information (by mail or in person); and the signature and date. The more specific the information description is, the less likely it will be required to be corrected for being "unclear in content", and it will also be easier for the review authority to compare the reply with the application to ensure they correspond to each other.

Q3: Does it cost money to apply for information disclosure, and is it necessary to hire a lawyer for this?

The application itself is free of charge, and the main costs are postage and time. Whether to hire a lawyer depends on the complexity of the case: if the information involves professional documents such as land expropriation approval, stability assessment reports, and proof of fund availability, or if there is a need to proceed with subsequent appeals or litigation, a lawyer can draft the application on behalf of the client, check the statutory elements item by item, organize the chain of evidence, and make the application the first step in the subsequent procedures. The attorney's fees are charged based on the case or the stage of the process after a face-to-face evaluation, and the fees are specified in a written contract to avoid disputes.

Q4: How long will the entire process take, and will it delay the subsequent litigation?

The reply period is generally 20 working days, which can be extended by another 20 working days; administrative reconsideration decisions are typically made within 60 days from the date of acceptance; and first-instance administrative litigation cases are usually concluded within six months. The overall process often takes several months, while litigation related to expropriation compensation often has a statute of limitations, generally within six months from the date of becoming aware of the administrative act. If you want to delay litigation due to unclear information, you should apply for public disclosure as soon as possible and consult a lawyer at the same time. This will help you schedule and connect each step in reverse order to avoid missing the relief deadline.

Q5: What should I do if the government replies with "the information doesn't exist" or "it wasn't produced by us"?

First, check whether the response is valid: The pre-announcement of expropriation, the announcement of expropriation, and the compensation and resettlement plan are legally prepared and announced by the county-level people's governments, and they are statutory public information. If the respondent's identity is incorrect or the search is insufficient, the administrative organ can be required to provide evidence that it has legally searched for the information in the process of reconsideration and litigation. If the information should have been prepared but was not, it can be claimed that the administrative organ failed to perform its duties according to law; if it was not prepared by the administrative organ, the name of the organ that prepared it can be requested. For responses that evade the main issues, an administrative reconsideration can be applied for, and it can be requested that the administrative organ be ordered to make a written response again.

IV. Advice on Protecting Rights and Interests

  • Before applying, prepare an "information list": land expropriation approval, pre-announcement of expropriation, stability assessment report, compensation and resettlement plan and announcement, expropriation announcement, etc. List them one by one and apply separately, which is convenient for comparing and responding to missing items.
  • All packages will be mailed by traceable methods such as EMS, and the mailing receipts and sign-for records will be kept. If there is no reply within 20 working days, we will proceed with the review. Please do not just verbally urge for an answer.
  • Upon receiving the reply, check each item to see if they all correspond to the application and whether the statutory elements are specified. If necessary, highlight the key issues and request a re-examination in the review process in a timely manner.
  • When applying for disclosure of key evidence such as compensation agreements and appraisal reports, please self-check and retain the originals while applying for disclosure. Do not entrust the only original copy of the agreement to others for safekeeping.
  • Plan the timeframe connection properly: Advance the application for disclosure and the prosecution period in parallel, and if necessary, proceed with a reconsideration before litigation to avoid missing the window for relief.

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