Lhasa City Visits Work Approach

Original Language Title: 拉萨市信访工作办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(On June 7, 2008 Lhasa Government Executive Conference considered through on June 19, 2008 Lhasa Government makes 17th, announced since on July 1, 2008 up purposes) first chapter General first article for further improve petition efficiency, maintenance petition activities of normal order and social stable, protection petition people of lawful rights and interests of, according to State petition Ordinance, and Tibet Autonomous Region petition Ordinance, legal and local regulations of provides, combined this city actual, developed this approach.
    Article the petition mentioned in these measures refers to citizens, legal persons and other organizations with letters, emails, faxes, phone calls, visits and other forms, to reflect the situation of State organs, requests for comments, suggestions or complaints, activities should be dealt with by the relevant State organs according to law.
    The complainant mentioned in these measures refers to letters, phone calls, e-mails and visits in the form, to State organs reflect the situation, put forward opinions, suggestions and demands of citizens, legal persons and other organizations.
    Thirdly, the complainant in complaint within the administrative area of the city activities, State organs at all levels, as well as the complaint, these measures shall apply.
    Article State organs at all levels should pay attention to the petition work, seriously addressed letters, calls, e-mail messages, and to receive visitors, public letters and calls System safeguard petition work in an orderly manner according to law. Five citizens, legal persons and other organizations petition activity protected by law.
    Encourage and support the petition to the city's social, political, economic, cultural, religious and other aspects of the comments and suggestions.
    Sixth petition work to implement territorial management, hierarchical accountability, centralized management, who is 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 State organs at all levels should adhere to scientific and democratic decision-making and administration according to law, strict, fair and civilized reception, investigation and resolve contradictions and disputes in a timely manner.
    Article eighth letters and calls departments of State organs at all levels must not spread to unrelated persons petition content, not allowed to petition materials out of the body; on the instructions of the relevant petition and petition materials, shall not disclose to unrelated persons or spread. Staff members handling petitions and petitions or complainant has direct interest should be avoided.
    The complainants request letters and visits from staff members to withdraw, shall submit a written application, may not be avoided by the decision.
    Nineth State 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 the relevant laws and regulations and these rules, be investigated for responsibility of the persons concerned. Tenth State organs at all levels should petition work performance into leading bodies and leading cadres appraisal system, the complaint is resolved at the same level, solve locally, as an important basis for performance assessment.
    Made outstanding units and individuals in the work of letters and calls, should be given recognition awards.
    Of complainant chapter II rights and obligations Article 11th petition entitled to petition the rights: (a) the suggestions, criticisms and opinions, (ii) complaints, exposures or charges, and (iii) reflect the situation, or requires to solve practical problems; (d) urging or to apply for a review. 12th petition activity the complainant shall faithfully reflect the situation and comply with the system of letters and calls.
    Reflecting a common opinion, proposal or request of the majority, generally should be in writing; visits are needed, should elect representatives suggested that the number of representatives shall not exceed 5 people. 13th article petition people for petition activities Shi shall not has following behavior: (a) in national organ Office places around, and public illegal gathered, containment, and impact State, intercept corporate vehicles, or jam traffic; (ii) insult, and beat, and threat state staff, or illegal limit others liberty; (three) carry dangerous goods, and control apparatus; (four) in petition reception places stranded, and trouble, or will life cannot themselves of people abandoned left in petition reception places; (five) incitement, and series, and stress, and
    Whoever induces, behind another petition or in the name of the petition took the opportunity to accumulate wealth; (vi) fabrication or distortion of facts, false accusation of others; (VII) disturbing public order or interfering with other acts of State and public security. Chapter petition work duties Article 14th city and County (district) people's Government departments shall establish a complaint reporting institutions or with commensurate with the tasks the complaint reporting handling Office personnel; Township, sub-district offices should be set up petition reception room staffed with full-time or part-time staff of letters and calls.
    Using the existing information network resources, establishing complaint information system of State organs at all levels, the counties and counties, departments, and sector information interoperability.
    State organs at all levels should publicize its work of letters and calls the address, postal code, e-mail address, time, place and phone on duty of complaint letters and calls reception. 15th article levels State petition institutions of main duties is: (a) registration petition matters, accepted belongs to this level administrative organ management of matters; (ii) on by accepted of petition matters according to duties Division referred to the about sector handle; (three) hosted superior organ turned do, and assigned by of petition matters; (four) to subordinate organ turned do petition matters, and on its submitted of settles report for audit; (five) on petition matters of handle situation, to written form replies petition people; (six) integrated research petition situation,
    Leadership in a timely manner reflect the people's requests, comments, suggestions, and put forward opinions and (seven) others matters related to letters and calls.
    16th petitioning staff is responsible for: (a) the petition, (ii) investigation and handling of letters and visits from the problem, or unit responsible for surveys and comments, and (iii) supervise the handling petitions, to carry out the necessary coordination; (d) comprehensive study of letters and visits, recommendations or reports in a timely manner; (v) dissemination of laws, regulations and policies.
    17th petitioning staff members shall not be any of the following acts: (a) the leaked letter from the personal privacy of visitors or other secrecy matters, (ii) harsh treatment of the complainant, (iii) use the petition process for personal gain and (iv) other illicit, delinquent behavior.
    Chapter fourth complaint acceptance 18th State organs at all levels shall receive a complaint complaint assigned by the transmitted or received within 15th of deciding whether to accept, and advise the complainant in writing. 19th article levels State should according to grading is responsible for, and centralized handle of principles and their of duties range accepted petition: (a) should by grass-roots units solution of, grass-roots units must accepted; (ii) should accepted petition of units has merged of, by merged Hou of units accepted; has revoked of, by Shang level competent organ is responsible for processing; (three) terms belonging unknown of, by its Shang a level national organ accepted or superior state specified of organ accepted; (four) for not is this units duties range within of petition,
    Should indicate to the complainant accepted or to transmit the petition materials co. 20th acceptance letters and calls of complaint should be dealt with as follows: (a) the complaint should be concluded within 60 days from the date of acceptance, and the results written replies to complainants; complex, approved by the Department head, may extend processing time limit, but the extension period shall not exceed 30th and advise the complainant the reason for extension.
    Otherwise provided by laws and regulations, from its provisions.
    (B) the investigation and treatment of unit cannot direct shall be accepted within 5th of material transferred to the investigation and handling of the right of complaint letters and visits, the organizer should be dealt with in accordance with the provisions of the preceding paragraph.
    Petition accepted units have great reference value opinions, recommendations and issues of people reflect strongly in accordance with the preceding paragraph shall be dealt with at the same time, and sent heads of units and research.
    21st article following petition matters, petition institutions not accepted or transferred: (a) is for litigation, and arbitration, and administrative reconsideration of, not accepted; (ii) has through litigation, and arbitration, and administrative reconsideration, statutory way solution of, not accepted; (three) petition matters has accepted or is handle of, petition people in provides term within repeat proposed same petition matters of, not accepted; (four) law should through litigation, and arbitration, and administrative reconsideration, statutory way solution of, on petition people proposed recommends;
    (V) belongs to other administrative bodies are accepted to be transferred.
    Article 22nd units of citizens, legal persons and other organizations through the petition issue, all in accordance with the law, regulations and related policies, shall be resolved in a timely manner; cannot be resolved in a timely manner, it should be noted; requirements unreasonable or without justification, persuasion and education.
    Fifth chapter for complaint handling and handling article 33rd petitions departments and their staff, must fulfill their duties, impartial, determining the facts, to distinguish between duties to promote rule of law, educational guidance, properly handled in a timely manner according to law.
    24th complaint reporting procedures including complaint investigation, proposed management advice, written replies to complainants and supervise the implementation. (A) the initiation of complaint investigations. Processing Department shall listen to the complainant to state facts and grounds, tissue investigation; petitions on major, complex, difficult, and may hold a hearing, (ii) processing.
    Processing sector in order to petition based on the investigation's findings of fact, in accordance with relevant laws, regulations, rules and other provisions to be decided.
    1, the facts are clear, comply with the laws, regulations or other requirements, to support it.
    2, the request is reasonable, but the lack of legal basis, should the complainant do interpretation work.
    3, requesting the lack of facts or not in compliance with laws, regulations, rules or other provisions, not to support it. (C) the written reply to the complainant. After processing sectors to make complaint handling decisions must be in the form of a written reply to the complainant; is assigned by the superior organ or the complaint Department, should also report to assigned by the Department within the time limit originally specified; (d) urging execution.
    Complaint handling decisions to support letters requesting opinions should be implemented, is to handle matters within the mandate of the Department by the processing sector implementation; matters related to other units, urging, order the relevant units by the processing sector Executive.
    Article 25th departments in the handling of complaint reporting procedures, shall appoint a contact person to communicate with complainant, complaint for the complainant query handler, review related matters such as convenience.
    26th petition to review and review. (A) the complainant refuses to accept the complaint reporting handling to the administrative authority, since the written replies received within 30th of request the administrative organs of executive authority to review at a higher level. Received a request for review of the administrative authority shall review request is received within 30th of review comments, and written replies; (b) the complainant not satisfied with the review, from the date of receipt of the written replies to the review bodies of executive authorities at a higher level in the 30th for review. Received review requests of administrative organ should since received review requests of day up 30th within proposed review views, and be written replies; (three) petition people application petition review or review, if handle organ is vertical of administrative organ, review or review organ can is handle organ of Shang level competent sector, also can is handle organ of this level Government; if handle organ is implemented vertical of administrative organ, review or review organ for its Shang level competent sector; if handle organ is this level Government,
    Review or review authority is above level people's Government.
    27th article levels State found subordinate organ has following case one of of, should timely supervising, and proposed improved recommends: (a) no due reason not by provides of handle term settles petition matters of; (ii) not by provides feedback petition matters handle results of; (three) not by statutory program handle petition matters of; (four) no due reason not implementation petition processing views of; (five) received supervising instruments, not in provides term within feedback situation of; (six) handle petition matters shuffle, and perfunctory, and delay of;
    (G) other matters requiring supervision.
    The Executive Department or unit shall receive recommendations for improvement within 30th of written feedback; did not accept the suggestion, it shall explain the reasons.
    Sixth chapter legal responsibility 28th article petition work institutions in accepted petition matters process in the violation this approach of provides, has following case one of of, by its superior organ ordered corrected; caused serious consequences of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) not in provides term within written told petition people whether accepted petition matters of; (ii) on petition work passive, petition matters cannot timely processing, raised masses times leapfrog petition of;
    (C) within their statutory mandate for complaint inadmissible; (d) the facts are clear, comply with laws, rules, regulations or other relevant provisions of the complaints request not supported by.
    29th article State petition staff, has following case one of of, depending on plot weight, by its where units respectively give criticism education or administrative sanctions; constitute crime of, law held criminal: (a) in petition work in the not perform duties, in handle petition matters process in the, shuffle, and perfunctory, and delay, and fraud and not in provides term within settles petition matters, led to against petition people lawful rights and interests of of; (ii) in processing petition matters in the, style gross, and intensified contradictions and caused serious consequences of;
    (Three) leaked petition confidential or will charged, and report letters of content revealed to was report, and expose of personnel or units of; lost, and hidden or privately destroyed petition material of; (four) for work dereliction of, led to occurred malignant case or major group event, caused serious social political effect or major economic loss of; (five) on superior led and competent sector assigned by or transferred of masses petition matters, refused to handling or protracted of; (six) using terms extortion, and received bribery of;
    (VII) other violations or acts contrary to the petition work discipline.
    30th to suppress, retaliate against or persecute a complainant, by their work units or higher authorities ordered corrective action or penalties constitute a crime, criminal responsibility shall be investigated according to law.
    Complainants who have violated the order of 31st, the petition shall dissuade the complainant Agency staff, criticize or education; violations of the People's Republic of China Law on administrative penalties for public security, shall be punished by public security organs constitutes a crime, criminal responsibility shall be investigated according to law.
    Seventh chapter supplementary articles 32nd article this city's social organizations, enterprises and institutions, grassroots organizations petition work, in accordance with the measures implemented.
    Foreigners, stateless persons or foreign organizations for complaint handling, in accordance with the measures implemented.
                                                                                The 33rd article of the rules take effect on July 1, 2008.