Shenzhen company fined 2 million refuses to accept, but win rate in lawsuits against government is only 15%? Lawyer breaks down four paths to protect rights

Last week, a client from Longhua came to me with a penalty decision from the Market Supervision Bureau, a fine of 2 million yuan for "false advertising." He was frantic, pacing in circles: "Lawyer Shen, this fine is higher than my annual profit. If I sue the government, can I win?" I've heard this question for twenty-six years. Today, let me spell it out plainly.

Question: How low exactly is the success rate of citizens suing officials in Shenzhen?

The administrative litigation data from Shenzhen over the past three years is right there, with plaintiff success rates fluctuating roughly between 15% and 20%. But those numbers are misleading—a large number of cases involve parties representing themselves, submitting scattered and incomplete materials, and failing to hit the mark in court. In the cases we handle, by seizing on procedural violations, broken evidentiary chains, or errors in the application of law, the odds of overturning a case can be pushed above 40%. Put simply, professional lawyers don't rely on "connections"—they help you scrutinize the details within the legal framework.

Q: That case with the 2 million yuan fine — how was it later overturned?

The reason the client was penalized was that the advertising slogan used the word "most," and the Market Supervision Bureau determined this violated Article 9 of the Advertising Law. However, after we pulled the complete backend data, we found that the ad's actual click-through rate was fewer than 500 times, and it generated not a single direct order. Based on Article 33 of the Administrative Penalty Law, which states that "if the illegal act is minor and promptly corrected, and no harmful consequences have been caused, no administrative penalty shall be imposed," we submitted a full set of evidence and also caught a procedural flaw on the opposing side—the law enforcement officers failed to present their law enforcement credentials during the on-site inspection. In the end, the Market Supervision Bureau voluntarily withdrew the penalty. From case intake to penalty withdrawal, this matter took 47 days, and the key factor was just one word: meticulousness.

Question: If we cannot reach an agreement on demolition compensation, what else can be done before filing a lawsuit?

An urban renewal project in Luohu: the owner believed the compensation standard was 30% too low and filed a lawsuit directly. However, courts typically only review the legality of administrative actions and do not easily intervene in the reasonableness of compensation prices. Our experience is: first apply for government information disclosure to obtain the project's approval, planning, and appraisal reports. This often uncovers hard flaws such as incorrect appraisal dates or miscalculated areas. With documentary evidence in hand, the other party's attitude will noticeably soften during negotiations. Last year, a client in Futian resolved the matter this way—compensation was raised from 82,000 yuan per square meter to 95,000 yuan, without ever stepping through the courthouse door.

Q: When suing a government department, what "pitfalls" should be noted in the process?

First, don't overlook the prerequisite of administrative reconsideration. Some cases (such as disputes over natural resource ownership) must first apply for reconsideration with the authority at the next higher level; if you file a lawsuit directly, it will be dismissed. Second, the limitation period for filing suit is six months, calculated from the date you become aware of the administrative act; even one day past the deadline and the case will not be accepted. Third, there are specific rules for the court with jurisdiction—generally, it is the court at the location of the authority that originally made the administrative act. In Shenzhen, most cases fall under the Administrative Division of Yantian District Court, but cases involving real estate must go to the court where the real estate is located. We handled a case for a Nanshan enterprise where, simply because one character in the defendant's name was written incorrectly in the complaint, we were required to withdraw and refile, wasting three months.

Litigation is not the goal; resolving the problem is.

Shenzhen's 26-year established law firm, Guangdong Zhiming Law Firm, has handled over 10,000 cases in total. Director Shen Jinlong, a senior lawyer, holds a master's degree from Fudan University and is a senior economist. He previously served as a senior executive at a state-owned enterprise and is most skilled at dealing with government departments. In the field of administrative litigation, knowing legal provisions alone is not enough—you also need to understand administrative logic and the nuances of negotiation. If you are feeling overwhelmed by administrative penalties or demolition compensation matters, don't panic. Bring your documents to Room 1802, Building A, Xintian Century Business Center, Shixia North 2nd Street, Futian District, and we will sort things out face to face. Phone: 0755-25986969.

(This article is for legal reference only. Individual cases may vary; please consult a professional lawyer for specific matters. Guangdong Zhiming Law Firm, a 26-year-established law firm in Shenzhen, Tel: 0755-25986969, Address: Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen)