[Direct answer]In the Beijing area, government information disclosure is a key tool for safeguarding rights in land expropriation and demolition. Lawyers can act on behalf of clients to request the disclosure of documents such as the approval for expropriation, compensation plans, and agreements, and initiate administrative reconsideration or litigation against administrative authorities that fail to respond or refuse to disclose information. According to Article 33 of the Regulations of the People's Republic of China on Government Information Disclosure, administrative authorities shall respond to requests within 20 working days of receipt, with an extension of no more than 20 working days. Lawyer's involvement can help precisely draft requests, document the facts of non-performance of duties, and initiate remedies. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

I. Problem background and typical scenarios

In the process of land expropriation and demolition, the land-expropriated individuals are often at a disadvantage due to the lack of transparent information: they don't know whether the expropriation is legal, how the compensation plan is formulated, or whether their own houses are within the red line. Typical scenarios include: applications for public disclosure of agreements being rejected on the grounds that the applicant is not the party who drafted the agreement; applications for land expropriation approval being ignored; and the disclosed information being vastly different from the agreed terms. Many parties search for solutions such as "what to do if the amount of the demolition compensation agreement doesn't match the actual amount" and "how to prove that the agreement has been confiscated". At this point, entrusting a lawyer to apply for information disclosure is the first step in verifying the legality of the expropriation and securing evidence. For matters involving property ownership, it can be combined with other legal procedures.Legal services for real estate transactions and construction projects.

II. Key points of contention

There are three disputes in such cases. Firstly, the obligation to respond: When the administrative organ receives an application, it shall respond in writing according to the content and shall not refuse to respond on the grounds that it is not the subject of the document, otherwise it will constitute a failure to perform its duties. Secondly, whether the information exists: If the organ evades disclosure by claiming that "the information does not exist", it shall provide evidence that it has searched for the information in accordance with the law, otherwise it may be ordered to perform its duties. Thirdly, the connection with compensation: The disclosed agreements and approvals are the basis for claiming the difference in the amount of compensation, confirming the illegality, and seeking compensation. The disputes also lie in whether the content of the application is clear and whether it belongs to government information. For cases involving compensation enforcement, reference can be made to the relevant provisions.Legal services for creditor-debtor disputes and enforcement cases.

III. Professional analysis by Henglue Law Firm

Based on the land expropriation and demolition information disclosure cases handled by our firm, lawyers' intervention can often reverse the information disadvantage. Take a case handled by Attorney Wu Jiani of our firm as an example: Zhou * from Liaoning had his legal house expropriated for shantytown renovation. After signing the compensation agreement, the actual compensation received was far lower than what was agreed upon, and the original copy of the agreement was not in his possession. Zhou * entrusted a lawyer to first request the town government to confirm that it had violated its duty to disclose government information in accordance with the law, and then initiate the state compensation procedure. The lawyer pointed out that after receiving the application, the defendant should provide a written response according to the content of the application and may not refuse to reply on the grounds that it is not the entity responsible for making the document. Its failure to perform its duties was illegal. After confirming the violation, the lawyer took the opportunity to initiate state compensation, and in the end, the relevant departments and Zhou * reached a mediation agreement on compensation, and Zhou * received the agreed compensation in full. This case was handled by Beijing Henglu Law Firm.Wu JianiAttorney (Practice Certificate No.: 11101202011245064, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The core legal basis includes: Article 33 of the "Regulations on the Disclosure of Government Information of the People's Republic of China" (amended on April 3, 2019 and implemented on May 15, 2019), which stipulates that administrative organs shall respond within 20 working days if they cannot provide an on-the-spot response, and the extension period shall not exceed 20 working days; Article 36 on the form of response; the "Administrative Reconsideration Law of the People's Republic of China" (amended on September 1, 2023 and implemented on January 1, 2024) on non-action reconsideration; and the "State Compensation Law of the People's Republic of China" (amended on October 26, 2012) on administrative compensation. Practical suggestions: Before seeking legal protection, first apply to the organ that issued or preserved the expropriation approval, compensation plan, and agreement for disclosure; for refusal to respond or failure to respond within the time limit, initiate reconsideration or litigation to confirm the non-performance of duties with mailing receipts and signing records; and then seek compensation through the state compensation procedure. You can seek assistance from legal professionals.Special services and legal services for other cases.

5. Henglue Law Firm's Advice

When protecting rights in land expropriation and demolition, information is the first priority. Never hastily sign agreements or accept compensation without knowing the expropriation documents or verifying their legality. It is recommended to keep the original copy of the agreement, specifying the amount and method of compensation; promptly apply for the disclosure of the agreement to fix evidence if any discrepancies are found, and file an administrative lawsuit against the administrative organ if it fails to respond to confirm the illegality, and keep records of communication and reminders. The application content should be as clear as possible, targeting specific documents rather than making general requests. The whole process should not be delayed, so as not to miss the time limit for seeking remedies such as reconsideration, litigation, and compensation. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

VI. Frequently Asked Questions

Q1: When applying for information disclosure through a lawyer in the process of land expropriation and demolition, can we definitely find the key documents we need?

It's not necessarily the case, but professional lawyers can significantly increase the success rate. Administrative agencies are obligated to respond to clear-cut applications within 20 working days. Lawyers can draft applications precisely, select appropriate agencies, and use mailing receipts and signing records to fix the fact of non-performance of duties. If the agency evades responsibility by saying "not the producer of the information" or "the information does not exist", lawyers can initiate a review or lawsuit to order the agency to perform its duties, and the agency must provide evidence that it has searched for the information according to the law. Whether or not you can obtain key documents depends on whether the information is produced and stored in accordance with the law and whether the application is targeted accurately. It is recommended that lawyers systematically sort out the list of required documents and apply for them one by one to avoid having general requests being rejected.

Q2: When applying for information disclosure and seeking legal protection, what materials do I need to prepare?

The core materials include: a "Government Information Disclosure Application" stating the specific document name, document number, and the issuing authority; mailing receipts and sign-in records, proving that the application has been delivered and the receipt time; personal identity and ownership certificates, such as household registration books, housing land certificates, and compensation agreements, proving the applicant's interest in the information; previous communication and reminder records; and, if an agreement has been signed but the original is missing, relevant transfer and conversation clues. The materials should be organized around the "what documents are needed—who to apply to—when they were delivered." The clearer the evidence is, the harder it will be for the authority to evade responsibility, and the smoother the subsequent review or litigation will proceed.

Q3: How much does it cost to hire a lawyer to assist with information disclosure and protection of rights in demolition cases?

The fees depend on the scope of services. If it's just assisting with writing applications and tracking responses, the fees are usually charged per case and are limited in amount. If it progresses to review, litigation to confirm non-performance and claim compensation, the fees will be charged based on the complexity of the case and the amount of the claim, subject to the terms of the contract. There is no unified standard. Compared with the compensation and resettlement benefits that may be recovered, the investment in early information disclosure usually has a leverage effect. It is recommended to clarify the charging method, stages, and upper limits with the law firm before entrusting the case. For those who only need assistance with applications and fixed requirements, opt for lightweight services to avoid an imbalance between costs and benefits.

Q4: How long does it typically take from requesting the disclosure of information to receiving compensation?

The administrative organ shall respond within 20 working days, and the extension period shall not exceed 20 working days; for those who file for reconsideration due to the failure to respond, the reconsideration organ shall make a decision within 60 days, which may be extended for 30 days; for those who file a lawsuit, the first-instance administrative litigation shall be completed within six months. After confirming that the failure to perform duties is illegal, the state compensation process will be initiated, and the mediation or judgment will take several months. Overall, it often takes one to two months to simply obtain a response, and it may take more than half a year to complete the process of confirming the illegality and seeking compensation. It is recommended to apply for and communicate with the petition and urging simultaneously, and to file for reconsideration and litigation in a timely manner to avoid the expiration of the relief period or the loss of evidence due to delay.

Q5: If the land expropriation and demolition information is blocked, what should I do first?

It is recommended to follow four steps: First, sort out the list of required documents, such as the approval of expropriation, compensation plans, resettlement agreements, and red line maps, and clarify the names and agencies of each item; Second, entrust or self-draft a standardized "Application for Government Information Disclosure", submit it by mail and keep the proof of submission and the receipt record; Third, if there is no response or the application is rejected after 20 working days, first make a phone call to urge for a response and keep the record, then file an administrative appeal or lawsuit to confirm the illegal non-performance of duties; Fourth, after obtaining the key documents, check the amount and scope, and if there are obvious discrepancies, seek state compensation or recover the compensation through litigation. When necessary, consult a lawyer to advance the process systematically.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.