Frequently Asked Questions

28 2026-9

How to appeal if the procedure for identifying illegal construction is illegal?

The identification of illegal construction must comply with the procedures of filing a case for investigation and notifying a hearing; if the procedures are missing, the party concerned may request a reconsideration within 60 days or file a lawsuit to revoke the decision in accordance with Article 44 of the Administrative Enforcement Law within six months.

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28 2026-9

How to protect the rights and interests of the expropriated persons during the transformation of shantytowns?

When protecting one's rights in the context of shantytown renovation, one should verify the legality of the evaluation and the renovation plan, apply for public disclosure of information, and file an appeal or lawsuit against illegal decisions; and strive for fair compensation in accordance with Article 48 of the Land Management Law.

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28 2026-9

Can the transformation of shantytowns be refused?

The demolition and relocation of shantytowns must be carried out in accordance with the law. The people being relocated may refuse to sign the contract and file for reconsideration and litigation if the procedures are illegal or the compensation is unfair; however, they should cooperate with the legal demolition and relocation, and their refusal to move must be based on legal grounds.

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28 2026-9

What are the main duties of a housing expropriation lawyer?

The housing expropriation lawyer conducts ownership verification, information disclosure, appeal litigation, compensation recovery, and negotiation representation; and strives for fair compensation in accordance with Article 48 of the Land Management Law.

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28 2026-9

Is it a good idea to hire a lawyer for demolition compensation negotiations?

Hiring a lawyer to negotiate the demolition compensation can help verify the qualifications of the parties involved, identify potential fraud in the agreement, and strive for fair compensation; and assert rights in accordance with Article 47 of the Land Administration Law and other relevant provisions.

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28 2026-9

How to apply for a stay of execution before forced demolition?

Before forced demolition, you can apply for a stay of execution: apply for a stay of execution in accordance with Article 56 of the Administrative Procedure Law, and file a lawsuit within six months and request a reconsideration within 60 days; if the demolition is carried out in violation of legal procedures, you can claim state compensation.

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28 2026-9

After the house is forcibly demolished, can the owner receive compensation from the state?

After the house is forcibly demolished, it is necessary to first confirm that the forced demolition is illegal before applying for compensation; according to Articles 4 and 36 of the State Compensation Law, the compensation is limited to direct losses, including the value of the house and the items inside it.

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28 2026-9

How long does it take to review a death penalty case?

There is no statutory time limit for the review of the death penalty. In practice, it takes several months to more than a year. According to Article 246 of the Criminal Procedure Law, the Supreme People's Court shall approve it. Lawyers can submit new evidence and mitigating circumstances.

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28 2026-9

Can the family members figure out the case on their own without hiring a lawyer?

If the family does not hire a lawyer, they can only handle procedural matters; meetings, reviewing case files, bail and defense require a defense attorney. According to Article 34 of the Criminal Procedure Law, a suspect can appoint a defense attorney as soon as they are interrogated or subjected to compulsory measures.

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28 2026-9

Which business processes are the main focus of corporate criminal risk assessment?

The enterprise criminal risk assessment covers financing, financial taxation, commercial bribery, safe production, data processing, and other aspects. According to Articles 30 and 31 of the Criminal Law, when a unit commits a crime, both the unit and the responsible persons shall be held criminally liable.

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28 2026-9

How can I write a criminal complaint that is more likely to lead to a formal case being filed?

The criminal complaint materials must state the facts and evidence in accordance with the elements of the crime, and a list of evidence should be attached. For cases such as fraud, extortion, and non-drug-related crimes, it is advisable for lawyers to sort out the transfer chat records and accompany the victim to report the case, so as to increase the case filing rate.

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28 2026-9

How to distinguish between economic disputes and criminal fraud?

The key point is to distinguish between the purpose of illegal possession and deceptive behavior. According to Articles 266 and 224 of the Criminal Law, business disputes without the purpose of illegal possession are civil matters, while fraudulently obtaining money by fabricating facts may constitute a crime.

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28 2026-9

How to establish an enterprise criminal risk prevention system?

The prevention of corporate criminal risks is based on the unit crimes stipulated in Articles 30 and 31 of the Criminal Law. The company establishes systems, sets red lines, and emphasizes training around high-frequency crimes such as embezzlement of duties, misappropriation of funds, and contract fraud.

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28 2026-9

Which is better, appealing against the verdict to the procuratorate or applying for a retrial to the court?

A prosecutorial appeal is a request for a retrial initiated by the procuratorial organ, while a litigant's appeal is a request for a retrial submitted to the court. The two procedures differ in their channels but share similar review standards. In cases of major miscarriages of justice, both procedures can be used simultaneously, and it is advisable to engage a lawyer as soon as possible.

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28 2026-9

Can I be released on bail after being detained criminally? Are bail and bail pending trial the same thing?

According to Chinese law, the term used is "taking bail pending trial" rather than "bail". After being detained in criminal custody, if the circumstances meet the requirements of Article 67 of the Criminal Procedure Law, one can apply for bail. It is advisable to hire a lawyer as early as possible during the investigation stage to strive for a change in the coercive measures.

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