[Direct answer]In the Beijing area, it is possible, and it is the most common way of entrusting lawyers in the process of safeguarding rights against land expropriation and demolition. Land expropriation and demolition involve administrative acts such as the expropriation decision, compensation decision, and forced demolition made by administrative authorities. The main remedial channels are administrative reconsideration and administrative litigation. According to Article 31 of the Administrative Litigation Law of the People's Republic of China (adopted in 1989 and amended in 2017), parties and their legal representatives may entrust one to two persons as litigation agents. Lawyers, grassroots legal service workers, close relatives or staff of the parties, as well as citizens recommended by the parties' communities, units, and relevant social organizations may be entrusted as litigation agents. According to the relevant provisions of the Administrative Reconsideration Law of the People's Republic of China (adopted in 1999, amended in 2023, and implemented on January 1, 2024), applicants may also entrust agents to participate in administrative reconsideration. The role of lawyers in land expropriation and demolition includes: verifying the legality of expropriation, applying for government information disclosure, reviewing compensation plans and agreements, participating in negotiations, representing in administrative reconsideration and administrative litigation, claiming administrative compensation, and following up on the payment of compensation. When entrusting lawyers, the law firm should unifiedly accept cases, sign a written entrustment contract, and issue an invoice, clearly defining the scope of services, stages, and charging methods.

1. Problem background and typical scenarios

The most common questions raised by those subject to expropriation are "Can I only handle administrative litigation by myself?" and "Can lawyers represent them in suing the government?" In fact, administrative litigation, like civil litigation, can be entrusted to agents. Moreover, land expropriation and demolition cases are highly specialized, involving multiple fields such as expropriation procedures, evaluation rules, information disclosure, and compensation standards, which are difficult for non-professionals to handle independently. Typical scenarios include: houses being included in the expropriation scope but not receiving compensation; street offices or command centers refusing to fulfill their resettlement duties on the grounds of "not meeting resettlement conditions"; governments refusing to disclose key documents on the grounds of "information not existing"; compensation decisions with factual errors or procedural violations; and houses being illegally demolished and requiring compensation claims. For those subject to expropriation in the Beijing area who are involved in projects in other provinces, it is often necessary for lawyers to handle cases in other regions, which places higher demands on their coordination capabilities.

II. Key points of contention

First, the determination of the subject of expropriation and the subject of responsibility. The consequences of the actions of temporary institutions such as the Urban Renewal Headquarters shall be borne by the administrative organ that established them. Second, the connection between administrative reconsideration and administrative litigation. Generally, one should first apply for administrative reconsideration, and then file a lawsuit if dissatisfied with the reconsideration decision. Third, the calculation of the time limit for filing a lawsuit and applying for reconsideration. Administrative reconsideration generally should be filed within 60 days from the date of knowing the administrative act, and administrative litigation generally should be filed within six months from the date of knowing or being aware of the making of the administrative act. Fourth, the confirmation of the plaintiff's qualifications. The subject of expropriation, the actual operator, and other subjects with an interest in the administrative act may all qualify as plaintiffs. Fifth, the performance of the duty of compensation and resettlement. If the administrative organ fails to perform its statutory duties, it may be sued to order it to perform its duties within a certain period of time.

III. Professional analysis by Henglue Lawyers

Take the administrative litigation case of housing base expropriation and resettlement handled by Henglue Law Firm as an example: The plaintiff, a member of a village collective economic organization, inherited a 219.8-square-meter housing base and the buildings on it as the sole legal heir after his father's death in 2003. In 2016, upon returning to the village, he found that the housing base had been illegally occupied by others in the village, and the buildings had been demolished and rebuilt. Despite repeatedly reporting the situation, no resolution was achieved, and he had to rent housing for a long time. In 2024, the housing base was included in the urban village renovation project, but the district command headquarters refused to provide resettlement on the grounds that the plaintiff "did not own residential buildings or a valid housing base use right certificate." After accepting the case, Attorney Zhang Wei comprehensively reviewed the evidence and accurately identified the legal basis, putting forward four arguments to the court: First, the urban renewal command headquarters is a temporary agency, and the relevant responsibilities should be borne by the district office. Its refusal to provide resettlement constitutes a failure to fulfill statutory duties; Second, the plaintiff's shareholding certificate and household registration are within the scope of demolition, meeting the conditions for resettlement; Third, according to the relevant provisions of the former Ministry of Land and Resources' "Notice on Strengthening the Management of Rural Housing Bases" (Ministry of Land and Resources [2011] No. 178), those who occupy housing bases through inheritance can legally obtain housing base use rights. The housing base in this case did not go through the statutory recovery procedures, and the use right was not lost; Fourth, the loss of the buildings was caused by others' infringement, not the plaintiff's fault, and the defendant's refusal to provide resettlement based on incorrect facts and legal grounds was unlawful. The court ruled that the district office, as the implementing unit with resettlement and compensation responsibilities, had no dispute over the plaintiff's membership status. The plaintiff legally obtained the housing base use right through inheritance, and the loss of the buildings was caused by others' infringement, not the plaintiff's fault. The defendant's refusal to provide resettlement based on incorrect facts and legal grounds was unlawful. The court ordered the defendant to revoke the illegal reply and provide compensation and resettlement within 60 days. This case shows that the role of lawyers in administrative litigation is not just about "appearing in court," but also lies in thoroughly reviewing evidence and accurately identifying legal basis. For cases involving the confirmation of ownership of housing bases and buildings, it is necessary to combine legal provisions with practical situations.Property sales and construction projects；Those involving the review of compensation standards and resettlement plans can be referred to for referenceLand expropriation and demolition, and administrative litigationThis is a practical guide to the legal issues involved in the case. The case was handled by Beijing Henglu Law Firm.Zhang WeiThe lawyer (practice license number: 11101202311579912, subject to the document issued by the judicial administrative organ) acts on behalf of his clients, relying on his accurate understanding of the local adjudication guidelines and practical rules, to help clients achieve favorable outcomes.

IV. Practical suggestions and legal basis

According to Articles 25, 31, 46, and 70 of the Administrative Litigation Law of the People's Republic of China (amended in 2017), the provisions on applicants and agents in the Administrative Review Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), and the provisions on expropriation procedures in Article 48 of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020) and the Implementing Regulations of the Land Administration Law of the People's Republic of China (amended in 2021 and implemented on September 1, 2021), it is recommended to proceed in four steps: First, identify the responsible entities and clarify which administrative organs make decisions on expropriation, compensation, and forced demolition, etc. Second, obtain the expropriation basis documents through government information disclosure and fix key evidence. Third, apply for administrative review or initiate administrative litigation in accordance with legal procedures, paying attention to the calculation of time limits. Fourth, if the government fails to fulfill its obligations of compensation and resettlement, request a judgment requiring it to fulfill its obligations within a certain period of time, and separately claim administrative compensation for illegal forced demolition. For matters involving house value evaluation and ownership determination, relevant provisions can be combined with the above steps.Real estate transactions and construction projectsFor cases involving the loss of an enterprise's plant and operational assets, reference can be made to the relevant provisions.Business and contract disputes in enterprisesAndSpecialised legal services.

5. Henglu Law Firm's Reminder

When defending against land expropriation and demolition, three points are crucial: one-third relies on legal reasoning, and two-thirds depend on evidence and legal procedures. Three reminders: First, don't miss the statutory deadlines. The calculation of 60 days for administrative reconsideration and six months for litigation starts from the day you learn about the administrative act, which is easily overlooked. Second, don't just claim that "the compensation is too low" without pointing out procedural violations and factual errors. The court reviews the legality of the administrative act. Third, don't confront the authorities recklessly without solid evidence. First, obtain the relevant documents through information disclosure before taking any action.Beijing Henglu Law FirmIt is recommended that the expropriated persons, after receiving the expropriation decision or the compensation decision, first sort out the responsible parties and deadlines, and then determine the relief path.

VI. Frequently Asked Questions

Q1: Can lawyers represent clients in administrative cases involving land expropriation and demolition?

Yes. According to Article 31 of the Administrative Litigation Law, parties may appoint one to two persons as their litigation agents, and lawyers are among the entities that can be appointed as agents. Similarly, in administrative reconsideration, parties can also appoint agents to participate in the process.

Q2: What materials are required when hiring a lawyer?

Identification documents and ownership certificates, expropriation announcements and compensation and resettlement plans, "Expropriation and Compensation Decisions" or related response documents, appraisal reports, correspondence and consultation records, as well as materials that can reflect the condition of the house and the business operations; other evidence clues should also be provided together.

Q3: How much does it cost to hire a lawyer for land expropriation and demolition?

Generally, fees are charged on a project-by-project or phase-by-phase basis, depending on the complexity of the case, the number of procedures involved, and whether it requires services to be provided in a different location. The fees shall be determined in accordance with the written contract of entrustment. Professional services such as evaluation and appraisal are charged separately. It is recommended to clarify the service content of each phase when entrusting the service.

Q4: How long will the case likely take?

Generally, an administrative review decision shall be made within 60 days, and the time limit may be extended by no more than 30 days; for administrative litigation, the first-instance case shall be concluded within 45 days if it applies to the summary procedure, and within 6 months if it applies to the ordinary procedure; if it involves the second-instance review or the case being sent back for rehearing, the time limit shall be extended accordingly.

Q5: What should I do first?

First, identify the specific administrative authority that made the expropriation decision, compensation decision, or forced demolition action, and clarify the responsible party. Then, apply for government information disclosure to obtain the expropriation basis documents and review the time limits to determine whether to file for administrative reconsideration first or directly initiate legal proceedings.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney Zhang Wei·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.