Complaint review review of Zhejiang Province way
(Released December 16, 2011 order No. 290 of Zhejiang Province, as of March 1, 2012) Chapter I General provisions
First in order to regulate the complaint review, review, safeguard the legitimate rights and interests of complainants, guide the petition law order petition, administrative agencies shall fulfill their duties, according to the State Council petition provisions of the Ordinance and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
Second Provincial Executive within the administrative area for complaint review, review, application of this approach.
Complaint review mentioned in these measures refers to the complainant is not satisfied with complaint handling decisions taken on the relevant administrative authorities and apply according to law by the executive authorities of the administrative organs at a higher level on the complaint handling decisions and related reviewed the situation and decided to act.
Complaint review mentioned in these measures refers to the complainant refuses to review applications for a complaint review decisions made according to law by the administrative organs at a higher level of review authorities of the complaint review decisions and related reviewed the situation and decided to act.
Third complaint review, review, shall abide by the law and policies, establish the facts, the principle of responsibility, fair, accessible and efficient. Article at all levels of Government and the people's Governments above the county level departments is the complaint review, a review authority (hereinafter referred to as review, review bodies).
Review, the review authority shall, in accordance with the petition of the State Council Ordinance and these rules, set out in a complaint reporting matter reviews and review responsibilities.
Fifth people's Governments above the county level shall be responsible for complaint reporting institutions (hereinafter referred to as the complaint reporting handling Office Agency) review specific complaint of the people's Governments at the corresponding level, review work, carry out the following functions:
(A) to receive and handle the review, a review application;
(B) the terms in accordance with the guidance and supervision of a complaint review, review work;
(C) handling the review petitions of the end record;
(D) problems found in a research review, review, and improvement recommendations to the relevant authorities in a timely manner;
(E) other duties stipulated by laws, rules and regulations.
The people's Government above the county level can be based on actual needs, determine the working bodies other than the body of work of letters and calls (sector) specific complaint review, review of the people's Governments at the corresponding level.
Sixth the people's Governments above the county level shall handle the complaint review, review bodies (departments) should be implemented to review, review staff, strengthening of professional training and education, assurance and review, review tasks fit.
Seventh Government of the people's Governments above the county level shall establish a sound leadership, departments are responsible for the complaint review, review, social participation mechanisms.
Handle the complaint review, a review should be based on the actual organization experts, social groups, social volunteers will take part in, the use of counseling, mediation, hearings and other means, enhance the quality and efficiency of review, review.
Chapter II application and acceptance
Eighth in accordance with these regulations apply for complaint review, review of the complainant was the applicant, original complaint or review authority is the respondent. Same complaint review, review of applicants of more than 5 people, applicants may select from 1 to 5 representatives to participate in the review, review.
Representative to participate in reviews, review on the effectiveness of the applicants they represent but represent the withdrawn review, review, change or give up the review, revision, and conciliation, mediation, must be representative of the consent of the applicant.
Nineth complainant shall receive a complaint or review submissions within 30th of reviews, review bodies review, a review application; due to force majeure or other legitimate reason cannot be made within the prescribed period, should be within the 5th after the obstacle is removed, to review, review authorities submitted an application and explanation of reasons for the extension of the application.
Article tenth review, review application, shall comply with the following conditions:
(A) the applicant is not satisfied a complaint or review the original complainant;
(B) belongs to the scope of complaint review, review, review, review terms of reference that are;
(C) specific review, a review request and the facts and reasons;
(D) the application is filed within the time limit provided.
11th applicants shall, in accordance with the following provisions apply to the relevant administrative authorities for review, review:
(A) the respondent is the people's Government, should apply to the higher level people's Government.
(B) the respondent was working departments of the people's Governments above the county level, could apply to the people's Governments at the corresponding level, or higher authority apply cannot determine the competent authorities at a higher level shall apply to the local government implementation of vertical, should apply to the higher authorities; is the provincial departments shall make application to the provincial government.
(C) the respondent is the Agency of the people's Governments above the county level established by law, should apply to the Government to the establishment of the Agency's people; is the Agency of the Government Department established by law, and in its own name to make a complaint or review comments should be sent to the establishment of the agency sector or the sector level shall apply.
(D) is authorized by the laws and regulations of the applicant organization shall be made to direct the management of the organization apply to the work of government departments or Governments.
(E) as the respondent's original executive body separation, merger, dissolution or function, shall continue to exercise authority on the Executive level administrative organs apply unclear, specifies the upper-level people's Governments.
Article 12th review, an application for review shall be made in writing; there is difficulty in writing, orally, produced by the review, review bodies review, review notes, signed or stamped by the applicant after verification.
13th article for review, review application, the following documents shall be submitted:
(A) the application, including names, addresses, contact information, specific requests for review, review, fact and reason, signature or seal of applicant, the date of application.
(B) the identity of the applicant; commissioning application, should also be the principal to review, review and submit proof of their identity and the power of attorney.
(C) the complaint or review submissions of the original.
(D) the relevant documentary evidence.
(V) other materials to be provided by the applicant.
Article 14th review after receiving the review, review, review bodies should be reviewed at the 7th, to comply with the provisions of article tenth applications shall be admissible, and shall inform the applicant, and make a written copy of the application or the application serve a copy on the respondent. Review, review the application materials are incomplete or unclear, review, review authorities shall, on the spot or 7th from the date of receipt of the application by notice in writing to the applicant need to supplement the content.
Correction date the date of receipt of the application the application materials.
15th, upon examination, review, review one of the following circumstances, review, review authorities was inadmissible, and inadmissible in accordance with article 28th review, review of decisions:
(A) does not comply with the provisions of article tenth;
(B) belong to or have been adopted according to law litigation, arbitration, administrative reconsideration requests for statutory approaches to resolve complaints;
(C) belongs to according to law by the people's congresses at and above the county level people's Congress Standing Committee, people's courts and people's procuratorates handling of complaint reporting matter;
(D) that in accordance with the technical standards and technical specifications identification, identification, testing, inspection, and quarantine request of complaints conclusion;
(E) called for a review of administrative organs, publication of decisions and orders with a general binding;
(F) the complaint is being handled or has been terminated;
(VII) for content that exceeds the scope of the original complaint or review requests;
(H) the laws, regulations and other regulations was inadmissible.
Inadmissible review, review written submissions shall include the inadmissibility grounds; which does not belong to the application for authority to review, review terms of reference shall be submitted to the authority and inform the applicant. 16th article the respondent shall receive the way 14th article of a copy of the application or from the date of application copies of transcripts provided a written reply within the 5th and submit petitions or review submissions of evidence, evidence and other relevant material.
Being the applicant does not reply, without prejudice to the review procedure of review,.
17th article review, review staff and was their applications for review, review of the complaint or the complainant to have a direct interest, shall voluntarily withdraw; parties may also apply for his withdrawal.
Chapter in connection with a decision
Article 18th review, the review body should be the original complaint or review the role permissions, make a complaint or review the facts, the basis of the application and procedures, to conduct a comprehensive review.
Article 19th written review of the approach to the review, in principle, the review bodies, or review, a review request, the applicant authority may consider necessary to hear the applicant state facts and grounds were required, units and personnel to explain the situation of the applicant. 20th article review, the review authority may consider necessary to further verify the information, to units and personnel investigation and evidence collection, check out, copy, or obtain the relevant documents and information, to the relevant persons for questioning.
Investigators shall not be less than 2.
Review, review staff for investigations involving State secrets, business secrets and personal privacy, should be kept confidential.
Units and personnel under investigation it shall support the work of investigators, and may not refuse or obstruct.
21st review, review bodies can be consulted through the convening of, coordination, feasibility study meeting way, listen to relevant departments, organizations and experts to review, review of an opinion; you can also convene representatives of the departments and units concerned and experts, review the composition of review panel.
22nd's review of major, complex and difficult matters, review, review, review bodies can organize hearings relating to petition hearing specific programs in accordance with provincial regulations.
After hearing review, review, review, review organ may open to the public.
Article 23rd review, a review of the applicant before a decision, agreed by the review, the review bodies, you can voluntarily withdraw the review, an application for review.
After the applicant withdraws the application, may not apply again on the same facts and grounds, but the applicant can prove that the applicants except those against their true will.
Article 24th complaint review and review by the parties in the course of their own accord, can also apply for a review, the review authority. Of their own accord, the applicant shall submit to the review, the review bodies a written settlement agreement.
Settlement agreements are not in violation of the law, without prejudice to the public interest and the legitimate rights and interests of others, review, review bodies should be permitted, and inform the applicant in writing. A conciliation agreement, review, review bodies should be mediation. A conciliation statement shall set forth the complaint reporting handling request, facts, reason and result of the conciliation, and affix the seal of the review, the review bodies. Mediation agreement come into effect upon signature by both parties.
Mediation failed to reach agreement, the review, the review body shall make a timely review, review decisions.
25th article review, reviewed accepted reviewing, after review of the application, any of the following circumstances, suspension of processing:
(A) the primary evidence in the process of being another statutory procedure to make sure;
(B) review and review issues relating to laws, rules, regulations, or policies applicable, require explanation or confirmation from the authority;
(C) as the applicant natural person whose whereabouts are unknown or is declared as missing;
(D) other situations that require suspension of reviews, review.
Reason for suspension of reviews, review is eliminated, shall promptly restore processing.
Review, review authority to suspend or resume management, shall inform the applicant in writing.
26th article review, reviewed accepted reviewing, after review of the application, any of the following circumstances, end processing:
(A) by the review, the review authority has agreed to withdraw the application;
(B) the settlement agreement and the review, the review bodies permission;
(C) after the review, a review authority reached agreement;
(D) the laws, regulations and other regulations should be ending review, check out the situation.
End processing shall inform the applicant in writing, without review, review of the decision.
27th after the review, the review bodies review, review, review decisions taken shall, in accordance with the following provisions:
(A) the original complaint or review found clear facts and sufficient evidence, applied properly, the procedure is legal, content appropriate to be maintained; (B) the original complaint or review the main facts are not clear, evidence insufficient, applicable according to the error, violation of legal procedures, beyond or improper abuse of power, obviously, be changed or repealed.
Revoked, shall order the applicant deadline to renew or review decisions, but should not be considered unless it is accepted by. Or review a complaint the respondent again, and the original shall be made on the same facts and grounds or review same or essentially the same decision determines the content, but because the program is not legitimate unless it is renewed by.
Renewed a complaint or review the applicant disagrees with the decision, may apply for review, review.
28th review, the review authority shall, from the date of receipt of the application within 30th review, review the decision but corrections applications, holding hearings, Panel of experts, organization reviews reviews, conciliation, mediation, discontinuation of time are not counted.
Review, review bodies review, review decisions, shall make a review and review submissions, sealed by the review, the review bodies or special review, review. Review after review, review, review bodies made decisions, should review, a review of the submissions in the 15th on the applicant.
Service procedures in the light of the People's Republic of China relevant provisions of the code of civil procedure. Article 29th review decided to petition a matter of concluding observations.
On review of the applicant disagrees with the decision, still based on the same facts and grounds of complaint letters and visits, administrative organs at all levels are no longer accepted.
Cases provided for in the preceding paragraph, applicant's local government and relevant departments should timely applicants do laws, regulations, rules and policies of education, explanation, and so on.
Article 30th applicant review, introduce new complaint review process, review, review authorities shall inform the authority separately.
Fourth chapter guidance and supervision
31st people's Governments above the county level shall strengthen the member departments and lower level people's Governments for complaint review, review the work of supervision and guidance, establishing and perfecting the accountability system for review, review, review, review work in the people's Governments at the corresponding level petition target management assessment.
Article 32nd provincial complaint reporting agencies should make full use of the existing resources of governmental information network, establish and improve the province's system of letters and calls, and with a national petition information system to realize information resources sharing.
Petition the people's Governments above the county level bodies and relevant departments should promptly of any complaint or review, and review of information input system of letters and calls, for the complainants in their complaint and complaint review, facilitate the review of the processing of the query. Article 33rd record by the review of petitions on the end of the implementation system.
Review Authority shall from the date of complaint review decisions taken in the 30th, will make review decisions and related materials submitted to provincial people's letters and visits from agency records.
34th executive authorities at all levels should be performed on the lower administrative authority review, review of the decisions of the supervisory; refusing to execute or unwarranted delays in implementation review, review of the decision, shall order the implementation of limited duration.
The fifth chapter legal liability
35th at various levels of the administration of the following acts, the higher administrative authority shall order correction within; refused to correct or serious consequences, directly by the authority in accordance with administrative privileges to responsible person in charge and other direct liable persons shall be given administrative sanctions:
(A) shall accept for review, review of the application as inadmissible;
(B) review, review the decision against provisions or not;
(C) refusing to execute or unwarranted delays in implementation review, review decisions;
(D) forced applicants to mediate, mediation or organization in violation of the law, damaging the public interest and the legitimate rights and interests of others;
(E) other acts of favoritism, abuse their powers, neglect their duties.
36th refuse or obstruct law investigations, review, review evidence and check out, copy, or obtain the relevant documents and information, the persons responsible shall be subject to disciplinary action or punishment.
37th complaint review, review procedures after the end of, the complainant repeated letters or leapfrog, invalid by discouraging, criticism, education, activities contravening public security regulations, shall be subject to punishment by public security organs.
Article 38th acts in violation of these rules constitutes a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles
39th social organizations, enterprises, institutions and other organizations for complaint review, review by reference to these measures.
40th article of the rules of "5th", "7th" refers to working days, excluding holidays. 41st these measures shall come into force on March 1, 2012.