Police Complaint Reporting Provisions

Original Language Title: 公安机关信访工作规定

Read the untranslated law here: https://www.global-regulation.com/law/china/160785/.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(July 26, 2005, the Ministry of public security announced come into force on the date of promulgation, 79th) Chapter I General provisions article in order to standardize the petition work of public security organs, maintain public security organs violated the order, protect the legitimate rights and interests of the complainant, keeping close ties with the masses of public security organs, in accordance with the Ordinance of letters and calls, these provisions are formulated.
    Second public security organs at all levels should be clear complaint channels, listen to people's opinions, suggestions, requests and complaints, and accept supervision by the masses, conscientiously do petition work, and strive for the people.
    Third public security organs should adhere to territorial management, graded and responsible work of letters and calls, who's in charge and who is responsible for, according to law, and solve problems in a timely manner the principle of combining education of and guidance.
    Article public security organs at all levels should be scientific and democratic decision-making, and shall perform their duties, strict, fair and civilized law enforcement efforts to prevent and reduce the occurrence of complaint from its source.
    Public security organs at all levels should establish a troubleshooting mediation system of letters and calls, might formed petitions in a timely manner of the problem in the bud and the initial phase.
    Article public security organs at all levels should strengthen leadership of the work of letters and calls, public security organs established by the corresponding level heads and petition work leading group composed of the heads of the relevant departments, and give full play to the role of departments, police, to form a unified leadership, coordination, accountability, management letters and visits work.
    Public security organs at all levels should provide guarantees for work of letters and calls work. The sixth head of the public security organs at all levels should read letters, reception, and listen to the complaint report, study and solve problems in the work of letters and calls.
    To establish a police chief-level, county-level public security organs must petition reception day system, directly address the issue of complaint letters and visits.
    Head of the public security organs at all levels, or his designee, complainant reflect the outstanding problems to the complainants live interviews with complainants to communicate.
    Article public security organs at all levels should establish a major petition information reporting and management systems.
    For major and urgent petitions and petition information shall not conceal, misrepresent, and delaying the report, or incite others to conceal, misrepresent, and delaying the report.
    The potentially significant social impacts, emergency petitions and petition information relating to public security organ shall, within the terms of reference, and take timely measures to prevent adverse effects, expanded.
    Eighth public security organs at all levels should establish and improve the work of letters and calls system of accountability, misfeasance, malfeasance in the petition work, in accordance with relevant laws and regulations and these regulations, be investigated for responsibility of the persons concerned, and to be informed.
    Nineth public security organs at all levels should petition work performance into leading bodies and leading cadres appraisal system, law enforcement quality evaluation system and evaluation system for the police.
    Public security organs should the complaint is resolved at the same level of public security organs, resolve on the ground, as an important basis for performance assessment.
    Made outstanding units and individuals in the work of letters and calls, should be given recognition awards.
    Tenth public security organs and people's police law to protect the legitimate rights and interests of the complainant, belongs to the public security organs against the complainant within the jurisdiction of a complaint shall be accepted, without prevarication, perfunctory, delay and not discrimination, harassment and retaliation complaint people; not to the complainant to report and expose material or disclose the situation to report and expose personnel or units.
    Article 11th complaint police direct interest with the complaint or the complainant, should be avoided.
    12th public security organs should make full use of the existing information network resources, towards the establishment of the national public security information system of letters and calls, and the gradual realization of the people's Government at the work of letters and calls agencies, superior and inferior public security organs petition information interoperability.
    Chapter petition work institutions and responsibilities the 13th County-level public security organs in accordance with enabling work, the complainant-friendly principles, set up special petition work agencies or determining the institution responsible for the petition, full-time staff prefecture-level public security set up a special petition work institutions.
    Work of letters and calls of departments of public security organs shall, in determining the leadership and staff responsible for the work of letters and calls. 14th petition work of public security organs at all levels level institutions are the police responsible for the complaint reporting handling Office functions. Its main duties is: (a) registration petition matters, and accepted belongs to this level police organ jurisdiction of petition matters; (ii) on by accepted of petition matters according to duties Division referred to the about sector, and about police handle, or itself handle; (three) coordination handle important petition matters; (four) hosted superior organ assigned by of petition matters; (five) to subordinate police organ transferred or assigned by petition matters, and on its submitted of settles report for audit; (six) on petition matters of handle situation written replies or told petition people
    And (VII) supervision, inspection, and guidance levels for the public security organs of other subordinate departments and police complaint reporting; (VIII) found in the work of letters and calls the police violations, transmit and make recommendations to the authorities; (IX) research, analysis, letters, to conduct research in the timely submission of proposals for strengthening, improving public order and public security rank construction.
    15th the public security departments, the police were there hosting petitions within the terms of reference of the Division by business responsibilities, complaint for complaint reporting institutions do, should be serious, timely and in a written reply to the petition work body within the prescribed result.
    Reflect of problem involved criminal, and administrative law enforcement business work of, by business competent sector handle; reflect of problem involved law enforcement fault case of check and finds of, by legal sector handle; reflect of problem involved units and police illegal disciplinary of, by discipline, and monitored, and audit, sector handle; reflect of problem involved multiple sector of, by this level police organ main head led, organization coordination related sector handle.
    16th section public security complaint reporting institutions at all levels should publicize the mailing address, e-mail address, telephone, reception hours and location, query, complaint processing progress and results and other related matters.
    The 17th public security organs at all levels should set up special complaint letters and calls reception in its place or published on the website and public security laws, regulations and rules relating to the work of letters and calls, complaint handling procedures, and other related matters for the convenience of the complainant.
    Chapter III the 18th levels of public security organs to accept jurisdiction of complaint letters and visits people on public security organs and agencies and civilian police positions reflect the situation, requests for suggestions, comments or complaints, Petitions.
    According to law should be resolved through legal channels for complaint, in accordance with the provisions of relevant laws and regulations of the jurisdiction and process.
    19th-level public security organs to accept a complainant refuses to accept the complaint reporting handling of county-level public security organ's requests for reviews.
    Provincial-level public security organs to accept a complainant of prefecture-level public security organs requesting review refuses to accept the complaint reporting handling; accepted the complainant's review of prefecture-level public security organs against the requests for review submitted by.
    20th complaint involves more than one area, governed by public security organs in the area of consultation involved.
    Dispute over jurisdiction, jointly by the public security organs at a higher level for designation of jurisdiction.
    21st a superior public security organ deems it necessary, you can directly accept petitions governed by lower-level public security organs. Fourth chapter petition matters of handle 22nd article levels police organ petition work institutions received petition matters Hou, should do registration, and distinguish situation, in 15th within by following way processing: (a) on not belongs to police organ terms range of petition matters, or law should through litigation, and arbitration, and administrative reconsideration, statutory way solution of petition matters, not accepted, and told petition people to about organ proposed or in accordance with statutory program proposed; (ii) on belongs to this level police organ jurisdiction of petition matters, be accepted And reflect the nature of the problem, identified by handle the unit, (iii) the jurisdiction of the lower-level public security organs on Petitions should be transferred to lower-level public security organs. On one of the most important complaint, can be assigned by to lower levels of public security organs, request within the period specified in the results, and submitted to the originally reported.
    Lower-level public security organs shall receive transferred, assigned by the petition within 15th of deciding whether to accept, and advise the complainant in writing.
    Petition work agency-level public security organs should be down-level public security complaint reporting institutions regularly informed forwarded a complaint reporting matter; subordinate police complaint reporting authorities shall regularly up police complaint reporting agency report forwarded to the processing of petitions. The 23rd petition work of public security organs after the Agency received a complaint, inform admissibility on the spot, shall advise the complainant in writing on the spot; not informed on the spot, shall from the date of receipt of the complaint within the 15th advise the complainant in writing.
    However, the complainant's name (name), address all of the exception.
    24th public security authorities to deal with a complaint, petition a statement of fact and reason should be heard if necessary, may require the complainant, the organizations and the staff to explain the situation, provide all supporting materials need to further verify the information, may, in accordance with evidence from other organizations and researchers.
    On major, complex, difficult complaint, should be determined by the level of Public Security Bureau organized special power of investigation, if necessary, in accordance with the relevant provisions of the regulations of the petition, hold public hearings. 25th verification investigation by the public security organs shall, in accordance with relevant laws, regulations, rules and other relevant provisions, petitions made the following treatment, and reply to the complainant in writing: (a) the complaints of the complainants requested the facts clearly, compliance with laws, regulations, rules or other regulations should support the complainant's request.
    Which belongs to police organ original processing conclusion does have improper or errors of, should made written decided, be corrected or revoked and be again processing; belongs to police organ not perform statutory duties problem of, should urged perform duties; (ii) petition people of complaints requests lack facts according to or not meet legal, and regulations, and regulations and other about provides of, and petition people of complaints requests although causes reasonable but lack legal according to of, on petition people of requests not support, and do petition people of explained grooming work;
    (C) the recommendations and comments by the complainant, conducive to the improvement of public security organs should earnestly study and actively adopted. 26th petitions should be processed within 60 days from the date of acceptance; complex, approved by the level head of the public security organs, and may extend throughout the term, but the extension period shall not exceed 30th, and advise the complainant to an extension on the grounds.
    Provisions of relevant laws and regulations have been completed in time limit from its provisions. 27th complainants not satisfied with the county-level public security organ handling, since the written replies received within 30th of, written replies to people's Governments at the county level or prefecture-level public security organs for review of requests. Views of prefecture-level public security organs dealing with dissatisfied, since the written replies received within 30th of, written replies to people's Governments at the same level or provincial-level public security organs for review of requests.
    The public security organ shall from the date of receipt of the request for review is completed in the 30th, review of comments written reply to the complainant.
    Refuses to accept the opinion of the provincial-level public security organs shall review request to the provincial governments. 28th the complainants not satisfied with the local public security authority to review the opinion, since the written replies received within 30th of, written replies to people's Governments at the same level or provincial-level public security organ of a request for review.
    Provincial-level public security organ shall, from the date of receipt of the request for review within the 30th review is completed, review comments, reply to the complainant in writing.
    Not satisfied with the provincial public security authority to review the opinion, should review request to the provincial governments.
    29th the complainants not satisfied with the public security organs to review comments, still based on the same facts and grounds for complaint requests, public security organs at all levels are no longer accepted.
    30th a public security authority to review the complaint or review, mainly in written reviews.
    Review identified the need to further verify the information in writing, by public security organs responsible for review, a review to the complainant and interested organizations and persons, if necessary, may hold the hearing.
    31st the complainants request review or new facts and reasons put forward in the review, review or a review of the public security organs may urged the authorities to investigate and get to make their own investigations.
    After the 32nd police review, review of the complaint, in accordance with the provisions of article 25th, according to the different cases for review, review comments.
    Article 33rd in the handling of complaint reporting procedures of public security organs to form materials of the instrument, it should be archived for future reference.
    The fifth chapter the supervising the 34th public security organ work of letters and calls of complaint bodies should fulfill supervision, inspection duties, comprehensive understanding of the level of public security departments and subordinate public security organ for the implementation of the provisions of, heads of public security organs to submit promptly to the corresponding level supervision, inspection reports.
    35th article levels police organ petition work institutions on this level police organ about sector or subordinate police organ in processing petition matters in the has following case one of of, should timely supervising: (a) should accepted and refused to accepted petition matters of; (ii) not by provides program handle petition matters of; (three) not by provides of handle term settles petition matters of; (four) not by provides feedback important petition matters handle results of; (five) handle petition matters shuffle, and perfunctory, and delay of;
    (Vi) not opinion or review, a review petition processing is performed, and (VII) other matters requiring supervision.
    36th petition work agency for the supervision of public security organs should make recommendations for improvement. Receive suggestions for improvement of the level of public security departments or lower-level public security organ shall give timely feedback to improve the situation.
    Suggestions for improvement had not been adopted, complaint reporting institution may submit suggestions for improvement to this level after the head of the public security organ of the validation, Entrust is supervising the operation.
    37th petition work institution shall supervise of public security organs and in the process of supervising the police discipline problems that you find, or relevant departments to the public security organs in a timely manner, and to put forward opinions or recommendations. Sixth chapter legal responsibility 38th article police organ for following case one of led to petition matters occurred, caused serious consequences of, on directly is responsible for of competent personnel and other directly responsibility personnel, in accordance with about legal, and regulations, and regulations of provides give administrative sanctions; constitute crime of, law held criminal: (a) beyond or abuse, against petition people lawful rights and interests of of; (ii) should as and not as, against petition people lawful rights and interests of of; (three) applies legal, and regulations errors or violation statutory program,
    Practices violated the legitimate rights and interests of (iv) refusal petition comments or reviews, review comments, and (v) other petitions, resulting in serious consequences.
    The 39th public security organs and the relevant departments in handling and handling a complaint process, in violation of this provision, by its superior public security organ shall order rectification have serious consequences, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.
    40th public security organ for a complaint or review opinions, review, review authorities cancelled or corrected, in accordance with the police law enforcement fault liability regulations, as the case may be liability.
    In work of letters and calls, the 41st police negligence, malpractice, or retaliating against the complainant or the complainant to report and expose material or disclose the situation to report and expose personnel or unit shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Police in dealing with the complaint process, the style of rough, may escalate and cause serious consequences, shall be given administrative sanctions.
    42nd article, public security organs and people's police in violation of the provisions of the seventh article, resulting in serious consequences, the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    43rd complainant violates regulations of the petition the 18th, 20th article, in accordance with the regulations of the petition the 47th; activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
    44th complainants under the article 19th of petition regulations, fabrications, false accusation of others in the petition activities constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, they shall be given administrative penalties for public security.
    Seventh chapter supplementary articles article 45th to foreigners, stateless persons or foreign organizations to the public security organ for complaint with reference to these provisions.
    46th railway, transportation, civil aviation, forest police and customs departments of the petition work, reference to these provisions. 47th article of the regulations as of the date of promulgation.
                                                            On January 11, 1995, issued by the Ministry of public security, the police receive complaints complaints regulations repealed simultaneously.

Related Laws