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Shandong Province, Petitions To Review The Review Approach

Original Language Title: 山东省信访事项复查复核办法

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(The 13th ordinary meeting of the People's Government of San Suu Kyi on 16 June 2008 considered the adoption of the Decree No. 204 of 30 June 2008 of the People's Government Order No. 204 of 30 June 2008, which came into force on 1 July 2008)

Chapter I General
Article I, in order to regulate the review and review of correspondence by the executive organs, prompted the proper settlement of the dispute, to improve administrative efficiency, to prevent and correct the misrepresentation of the writers by the executive branch, to direct the respondent, in accordance with the procedural letter, to provide prompt relief to the legitimate rights and interests of the respondent, to guarantee their legitimate rights and interests, to develop this approach in the light of the letter visit regulations.
Article II of this approach refers to the non-consensual nature of the correspondence sent by the respondent to the executive branch, which may be reviewed by the top-level administrative organ of the former body within 30 days of receipt of the written replies, and to the activities of the administrative bodies that have received the request for review.
The review referred to in this approach refers to the non-conclusiveness of the views of the respondents, which may request a review to the superior administrative organ of the review body within 30 days from the date of receipt of the written replies, and to the activities of the administrative organs that have received the request for review.
Article 3. The executive organ responsible for the review and review of the functions of the review body under the law, including the Government of more than the population at the district level, the Government's work in the municipality where it is responsible for the review, review and review process (hereinafter referred to as the review body) and performs the following functions:
(i) Specific conduct of the process of review and review of applications;
(ii) To investigate evidence, access documents, information and hearings to relevant organizations and personnel;
(iii) Review of the legal and appropriateness of the treatment, review of the legality and appropriateness of the opinion and preparation of the review and review;
(iv) To review, review and review, review the implementation of the request, in accordance with its mandate;
(v) Processing of review, re-entry statistics and review matters;
(vi) To study the issues identified in the review and review process, and to make recommendations to the relevant bodies for the improvement of policies or improvements;
(vii) To make recommendations for the treatment of violations of the Protocol Visiting Regulations and the methodology in accordance with the competencies and procedures established;
(viii) Guidance, supervision and inspection of the review and review of the executive branch at the lower level;
(ix) Other responsibilities under laws, regulations and regulations.
Article IV should review the review body at all levels in accordance with the relevant provisions for the review, review of the relevant expertise, such as the law, and ensure that its capacity is adapted to its mandate and the development of the situation.
Article 5 re-examines the nuclear organs and their staff in the conduct of review, re-entry activities, should be carried out with due diligence, impartiality, identification of facts, responsibilities, promotion of the rule of law, education evacuation, and proper treatment in a timely manner, without precision, affordability and delay.
Chapter II Application
Article 6 provides for a review and review of a letter to be submitted by the applicant, who is the original, re-executed body, and other citizens, legal persons or organizations that have a stake in the mission matter may participate as a third party in the review and review.
The same review and review request was submitted by a number of persons, and the number of representatives should not exceed 5.
Article 7. The application for review and review shall be in accordance with the following conditions:
(i) The applicant must be a licensor of non-conformance and review;
(ii) A specific review, review request and factual basis;
(iii) It is the scope of the review, review and cannot be resolved through other statutory remedies, such as administrative review, litigation, arbitration;
(iv) To be submitted within the period of the statutory application.
Article 8. The applicant shall apply for review and review in a written manner and shall include the following matters in the review and review applications:
(i) The basic situation of the applicant and the name of the applicant;
(ii) Review, review requests;
(iii) Key facts and rationales;
(iv) The applicant's signature or chapter;
(v) Date of application.
A review, re-exploitation application may be made in the form of instant, mail or facsimile. A conditional review body may accept the application for review and review in the form of e-mail.
Article 9. The applicant's written application for review, review and review of the difficulties, may make an oral request that the review body should, in accordance with the matters set out in article 8 of this approach, produce a review, review of the application and be signed or confirmed by the applicant.
Article 10 The applicant shall submit a review and review application to the relevant administrative organs, in accordance with the following provisions:
(i) The applicant is the Government of the people and shall be presented to the Government of the people at its highest level;
(ii) The applicant's work sector at the district level, which is chosen by the applicant, may make it available to his superior authorities or to the Government of the people of the sector; the applicant is the executive body of the vertical leadership and shall be presented to his superior authorities; and the applicant is the department of the work of the Provincial People's Government and submits it to the Provincial Government;
(iii) The applicant is more than two administrative organs and shall be made available to its common superior executive body.
Article 11. The respondent's comments on the treatment, review of the administrative organs are still repeated on the same facts and on the basis of the cross-border correspondence visit, and the letter of the visiting body at all levels is inadmissible and written information to the respondents to the authorities entitled to review and review.
The author's inadmissibility decision by the executive branch may be governed by article 14 of this approach.
Chapter III
Article 12 Review and review requests received by the review body shall be registered and shall be dealt with in the following manner:
(i) A letter of reply and application or a copy of the request shall be admissible and communicated in writing to the applicant in accordance with the conditions of admissibility and within the scope of the duties of the organ;
(ii) In conformity with the conditions of admissibility, but not within the scope of the functions of the organ, the applicant shall be informed in writing of the request to the organ entitled to review and review;
(iii) Inadmissibility and written notification of the reasons for the applicant's inadmissibility, without prejudice to the statutory conditions of admissibility, while informing the relevant authorities of their work.
When the two administrative organs are entitled to receive the same review and review requests, the applicant shall choose to submit to one of the executive organs that receive the application shall be admissible and shall not be transferred to another administrative body entitled to be admissible; and to decide on the admissibility of the dispute by its common superior executive body.
Article 14. The applicant's non-consolidence with regard to the review of the nuclear authority may lodge a complaint with the executive branch at the highest level, and the executive branch at the highest level shall address the following:
(i) Reconfirmation of the reasons for the inadmissibility of the review body, which is responsible for the period of time;
(ii) Review and review requests are not in accordance with the conditions set forth in this approach and are communicated in writing to the applicant.
The applicant does not communicate the written communication made by the review body in accordance with article 12, paragraph (b), of this approach, taking into account the provisions of the preceding paragraph.
Article 15. The applicant shall, within five days of the date of receipt of the letter of reply, submit a written response and submit evidence to deal with, review opinions, evidence based on and other relevant materials.
Chapter IV
Article 16 reviews and re-entry matters by the review body, which shall be heard by the applicant on the facts and grounds and requests the information of the applicant, the relevant organizations and the personnel; and, if necessary, on the ground-based investigation.
Article 17, when the examination, review of the evidence on the site of the nuclear personnel is examined, is available, replicated, releasing the relevant documents and information to enquire the person concerned.
When the evidence is obtained on the ground, the reviewers shall not be less than two, and the documents shall be presented to the parties or the person concerned. The investigation units and personnel should cooperate with the review, review of the work of the nuclear staff without denying or blocking the investigation.
Article 18 provides for a hearing or review of major, complex, suspected and difficult matters, and the applicant may, if necessary, take a hearing. The hearings are carried out in accordance with the provisions of the Memorial Memorials (Time pilot) of the Province of San Orientale.
Article 19 Reviews and re-entry matters before the Government of the people at all levels of the district may be designated by the relevant branches of the Government of the current people, which shall be completed within the specified period and shall submit observations.
Prior to review, review of the opinion, the applicant has requested that the review be withdrawn and that the request for review be withdrawn on the grounds indicated, and that the applicant's withdrawal of the application shall not be submitted on the same facts and grounds, but the applicant can prove that the request for the withdrawal is incompatible with its true interest.
Article 21, after review by the review body, provides for the processing of views, revenge the approval of the review body, decides in accordance with the following provisions and in writing the applicant:
(i) Previously processed, reconfirmed the fact that it was clear and applicable and that the procedure was lawful and appropriate and determined to be maintained.
(ii) In one of the following cases, the review is dealt with:
The main facts are not clear;
The application is based on error;
Violations of statutory procedures;
Beyond or abuse of authority;
Clearly inappropriateness.
(iii) The applicant has not submitted written replies pursuant to article 15 of this approach, the evidence submitted for processing, review of the opinion, and the basis for other relevant material, as a matter of treatment, review of the opinion without evidence, and decides to withdraw.
(iv) The applicant shall inform the executive body competent to deal with the law.
The decision to be withdrawn shall be responsible for reprocessing by the applicant or the relevant administrative body within a certain period of time.
Article 22 Reviews, review decisions taken by the review body, shall produce a review, review opinion and, in addition, a photocopy of the review body or a re-entry, review-specific chapter.
Article 23 shall not be subject to the same facts and reasons as those of the original disposition of views, either by the applicant or the relevant administrative body.
The applicant may apply for review and review in accordance with the law for reprocessing and review of the opinion.
Chapter V Guidance and oversight
Article 24 establishes a system for a letter visit to the end of the submission. The provincial Government's mission agencies have established a database of end-of-the-cess observations, which is promptly recorded in the closed observations of the submitted letter and shared the web resources with the national communications information system.
Article 25
(i) The failure of the respondent to review, review of the processing, review of the application, and review of the opinion, within 7 days of the expiration of the statutory application;
(ii) For the review, within 5 days of the date of the submission.
Article 26 shall review the processing, review or review of the submissions within 30 days of the date of receipt of the relevant submissions, and shall address the following:
(i) To decide on the merits and to respond to the referral authority, consistent with the provisions of this approach;
(ii) Decisions that do not meet the provisions of this approach.
Article 27 establishes a system of concluding observations. The executive branch's concluding observations on the correspondence that had been processed through the hearings process and based on the findings of the hearings could inform society in accordance with the law.
Article 28 Governments of people at all levels of the district level should strengthen monitoring of the performance of their review and re-response functions, including through the organization of inspections, screenings, etc., and at the lower level of the executive body found that the subordinate executive body had errors in the handling, review or review of the matter of the mission, and should be tasked with reprocessing by the executive branch and to review the results.
Chapter VI Legal responsibility
In accordance with the provisions of the relevant laws, regulations and methods, the responsibilities of the responsible person should be established by the Government of the people at all levels of the district, which shall be responsible for the conduct of investigations, review work, malfeasury and default, in accordance with the provisions of the relevant laws, regulations and present methods, and criminal responsibility shall be held by law.
Article 33 is one of the following cases in the executive branch, which is being redirected by the executive branch and is criticized; the refusal to change or cause serious consequences; and the treatment of the competent person directly responsible and other direct responsibilities by law:
(i) Whether the applicant is admissible if it is not notified in writing within the specified period of time for the review, review of the application being inadmissible or in writing;
(ii) Preference, delay or failure to conduct a review and review of nuclear matters within the statutory period;
(iii) Disadvantages of treatment, review, review and restatement of nuclear opinions after their dismissal;
(iv) To reject the implementation of the review and review;
(v) No review and review of the matter shall be submitted to the Government of the people at this level, as required;
(vi) Non-providing the processing, review or review of the information required.
Article 31 respondents to the end of the letter visit, which is still repeated on the same facts and grounds or cross-border letters, and the staff of the State organ concerned should be discouraged and criticized to the respondent; in violation of the security administration, the punishment of the security authority is imposed by the public security authorities; and criminal responsibility is lawfully prosecuted.
Chapter VII
Article 32 of this approach stipulates that “3 days”, “5 days”, “7 days” means working days that do not contain holidays; the alleged “number” and “in-kind”, including this number.
Article 33 of this approach refers to the executive branch of the people at all levels and to the Government's offices and agencies at the district level. Organizations that are competent to administer the functions of public affairs by the Government's immediate institutions, ad hoc bodies and laws, legislation and regulations may engage in review and review activities in the light of the provisions of this approach to administrative organs.
Article 34 of this approach is implemented effective 1 July 2008.