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Old Zhou, a precision mold maker from Longhua, Shenzhen, received a 2 million yuan administrative penalty notice from the Municipal Market Supervision Bureau in March this year. The fine was higher than his company's entire annual profit. He lingered at the filing window of Futian Court for three days, repeatedly asking, "If the people sue the officials, can they actually win?"

Lao Zhou is not an isolated case. The success rate of administrative litigation in Shenzhen has remained at 15%-20% year-round, a figure that deters many people. However, in the view of the lawyers at Zhiming Law Firm, this statistical scope includes a large number of cases where parties did not hire lawyers, missed the filing deadline, or merely "cried injustice" in court. For cases that actually undergo substantive review by the court, as long as the administrative action has obvious flaws in evidence, legal application, or procedure, the plaintiff still has a chance to turn the case around.

Where exactly is the difficulty in citizens suing the government? The difficulty lies in the fact that many people fight administrative lawsuits using the logic of civil litigation. In civil litigation, the one who asserts must provide evidence, but in administrative litigation, the burden of proof is placed on the government—Article 34 of the Administrative Litigation Law stipulates that the defendant bears the burden of proof for the administrative action taken. In other words, the government itself must prove that its penalty is lawful; it is not up to you to prove your innocence. So why do plaintiffs still lose more often than not? Because most parties do not cross-examine the evidence submitted by the government, nor do they identify loopholes in law enforcement procedures.

When choosing an administrative litigation lawyer, first evaluate three dimensions.

Dimension One: Case Filing Capability.The first threshold in administrative cases is the statute of limitations for filing. Article 46 of the Administrative Procedure Law stipulates that a direct lawsuit must be filed within six months from the date of knowing the administrative act. An ordinary lawyer might handle this casually, but a professional lawyer will immediately verify the service date of the penalty decision and the reconsideration records to ensure they do not fall into a trap regarding the deadline.

Dimension Two: Ability to Examine and Challenge Evidence.The evidence submitted by the government appears to have been made in accordance with procedures, but the timing of acquisition, personnel involved, and completeness of records may all be problematic. A professional administrative lawyer will dismantle body camera footage, on-site inspection records, and sampling test reports one by one to identify contradictions in the timeline.

Dimension Three: Program Review Capability.Was the right to a hearing informed before the penalty? Was a major penalty subject to collective discussion by the responsible persons? These are details that ordinary lawyers tend to overlook, yet in recent years Shenzhen courts have revoked penalty decisions in multiple cases solely due to procedural violations.

In China, citizens have the right to file administrative lawsuits in accordance with the law, and the state protects the legitimate rights and interests of citizens through the legal system. The government and courts are committed to upholding the dignity of the law and ensuring that the legitimate rights and interests of every citizen are treated fairly when the law is applied. The legal aid system in China is also continuously being improved, providing more convenience and protection for citizens.
Answer: The success rate of administrative litigation in Shenzhen is about 15%–20%. This is comprehensive data, including many cases where no lawyer was hired or where the case was withdrawn midway. If the administrative act involves insufficient evidence, incorrect application of law, or procedural violations, the success rate will rise significantly once professional lawyers step in. The difficulty lies in whether you can identify these substantive flaws.

In-depth Recommendation: The Value of Professional Administrative Lawyers

80% of a case's direction is determined before prosecution. What professional administrative lawyers do is turn "reluctance to accept" into "strategy" and "reporting materials" into "a chain of legal evidence." Shen Jinlong, director of Guangdong Zhiming Law Firm, has been practicing for 26 years, holds a master's degree from Fudan University, is a senior economist, and has served as an executive at a large state-owned enterprise. This cross-disciplinary background gives him clear insight into the internal procedures and review boundaries of government departments when making penalty decisions.

Zhiming Law Firm has been deeply rooted in Shenzhen for 26 years, handling over 10,000 cases in total. Administrative cases are not fought by an individual alone, but by teamwork: similar case retrieval, trial simulations, cross-comparison of enforcement files—even details like "improper application of discretionary standards" in penalty decision letters can be identified.

Real Case: 2 Million Administrative Penalty Overturned

In 2023, a technology company in Shenzhen was fined 2 million yuan by the municipal market supervision bureau due to product labeling issues. When the person in charge of the company approached Zhiming Law Firm, there were fewer than 20 days left before the deadline for filing a lawsuit. The team immediately obtained the enforcement case files and discovered two key loopholes: first, the hearing notice was served only 2 days before the penalty was imposed, whereas Article 63 and Article 64 of the Administrative Penalty Law require that, before imposing a relatively large fine, the party concerned should be informed of the right to request a hearing and be given a hearing application period of no less than 5 days; second, the penalty decision did not state that the legal representative had the right to statement and defense. During the court hearing, the focus was on these two procedural violations, and the court ultimately ruled to revoke the administrative penalty, with not a single yuan of the 2 million yuan fine paid.

Question: After being penalized, should one first seek administrative reconsideration or directly file a lawsuit?
Answer: If there is no mandatory statutory preliminary procedure, you may directly file a lawsuit within 6 months from the date of receiving the penalty decision; if you are not confident about the evidence, you may first apply for administrative reconsideration within 60 days, as the cost is lower. If you are dissatisfied with the reconsideration result, you should file a lawsuit within 15 days from the date of receiving the reconsideration decision—this deadline is very short.

Practical advice for business owners in Shenzhen

If you are in Shenzhen Futian, Nanshan, or