New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels

On May 27, the Shandong Provincial Higher People's Court released the "2025 Shandong Court Administrative Trial White Paper". The data in this white paper is very interesting and closely related to the rights protection of our business owners.

One number is crucial: the number of administrative reconsideration cases increased by 60.79%

What does this number mean?

The effect of the new "Administrative Reconsideration Law" in expanding the scope of accepting cases is beginning to show.

In the past, many companies encountered government infringement and didn’t know who to approach—to file an administrative lawsuit? I'm afraid that "the people suing the officials" won't win. Apply for administrative review? Many things are not subject to administrative review.

It's different now. The new "Administrative Reconsideration Law" brings more administrative disputes into the scope of review, giving enterprises more options to safeguard their rights.

Moreover, judging from the data, after the administrative review channel is opened, more companies are willing to take this path.There are more companies going through reconsideration, and the pressure of litigation has also been dispersed..

It is not easy for enterprises to file administrative lawsuits

There is another data in the white paper: the administrative failure rate of administrative agencies in Shandong Province is 4.67%.

What does this number mean? When companies sue the government, they still win relatively little.

But this does not mean that companies should give up defending their rights. There are three reasons:

First, the success rate of reconsideration may be higher. Administrative review is "a higher-level government reviewing a lower-level government" and is sometimes more willing to correct mistakes than the courts.

Second, the procedure is simpler. Reconsideration results in 60 days, which is faster than litigation; you don’t need to hire a lawyer, you can handle it yourself.

Third, accumulate experience for litigation. Even if you lose the reconsideration decision, getting the reconsideration decision will accumulate evidence and materials for subsequent litigation.

The urban construction field loses the most cases: land acquisition and demolition compensation disputes

The white paper shows that Shandong will have the highest failure rate in administrative cases in the urban construction field in 2025, reaching 33.27%.

This field mainly includes: demolition compensation, forced demolition, and expropriation compensation disputes.

In other words:This is the area where the government is most likely to have problems, and where companies are most in need of legal protection..

Specific questions include:

• Expropriation compensation plan is unreasonable
• Forced demolition procedures are illegal
• Compensation standard is too low
• Resettlement housing is still not available

  
  

  If you're facing these situations, don't push through.

  Administrative agreement disputes are common: Be careful when attracting investment

  The white paper also mentioned that there will be 1,660 administrative agreement cases in Shandong province in 2025, involving various types such as investment promotion, franchising, and land transfer.

  This confirms the point we have been emphasizing before:Government-enterprise agreements are not waste paper, but the premise is that you must know how to protect yourself.

  When attracting investment, the government promised land, taxation, and preferential policies. However, after the project was implemented, the promises fell through. Such disputes are increasing. Business owners must be vigilant.

  Yingting lawyer reminds

  Based on the white paper data from Shandong High Court, we would like to give some suggestions to business owners:

  1. In the event of government infringement, administrative review will be given priority

  After the new "Administrative Reconsideration Law" expands the scope of accepting cases, the channels for administrative review will be smoother. Apply for reconsideration within 60 days. The statute of limitations is shorter than litigation, so don’t miss it.

  2. Be extremely cautious in the field of land acquisition and demolition

  In this area, the government is most likely to have problems, and the winning rate of corporate cases is relatively low. If you encounter problems such as unreasonable compensation or forced demolition, seek a lawyer to intervene as soon as possible.

  3. The investment promotion agreement must be carefully scrutinized

  Before signing a contract, find a lawyer to review and clarify the liability for breach of contract; retain evidence of the government's commitment during the performance of the contract; if the government breaks the contract, initiate legal proceedings in a timely manner.

  4. Pay attention to local administrative review and litigation data

  Courts in various regions publish a white paper on administrative trials every year, and the data has reference value. Understanding the local law enforcement environment will help determine the difficulty of safeguarding rights.

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  Administrative litigation rights protection, find Yingting lawyer

  Beijing Yingtong Law Firm focuses on the fields of administrative litigation and government-enterprise disputes, helping business owners protect their rights and interests in accordance with the law.

  (Note: This article is for general reference only and does not constitute legal advice. Please consult a professional lawyer for specific questions)