Shandong Province Administrative Complaints Way

Original Language Title: 山东省行政投诉办法

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Shandong province administrative complaints way

    (The people's Government of Shandong province, on May 30, 2011 the 102th General Meeting June 22, 2011, Shandong provincial people's Government promulgated as of August 1, 2011, No. 237) Chapter I General provisions

    Working first in order to standardize the administrative complaint, maintaining the lawful rights and interests of citizens, legal persons and other organizations to promote administration according to law and improve administrative efficiency, in accordance with the People's Republic of China on administrative supervision law and the People's Republic of China civil service law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Second people's Governments above the county level and their departments are responsible for the administrative work of the Agency (hereinafter referred to as administrative complaints bodies) of citizens, legal persons and other organizations (hereinafter the complainants) of provincial administrative organs and their staff (hereinafter respondent) complaints against administrative acts, these measures shall apply.

    Otherwise provided for by laws and regulations on administrative complaints, from its provisions.

    Article III administrative complaints and any mistake shall be corrected, the principle of combining education and corrections; grading management, accountability, supervision and inspection and improvement of work methods of work.

    Chapter II Organization and responsibilities Fourth administrative complaints bodies based in the people's Governments above the county level supervisory organs at the same level, working under the leadership of the people's Governments at the corresponding level.

Departments of people's Governments above the county level shall determine the administrative complaints bodies, is responsible for the administrative work.

    Superior administrative complaints bodies to lower administrative bodies work guidance, coordination and supervision.

Fifth people's Governments above the county level administrative complaints bodies to receive, investigate and respond to the people's Government departments and their staff, the people's Governments and their departments to appoint other officers and lower-level people's Governments and their leading personnel complaints.

Department administrative complaints body responsible for the people's Government above the county level to receive, investigate and respond to complaints from the staff of the Department.

    Higher administrative complaints bodies, if necessary, you can handle the lower administrative complaints complaints matters within the jurisdiction of the Agency.

Sixth administrative complaints bodies have the following permissions:

(A) require the respondent to provide documents relevant to the issues in the complaint, information, and is made by subject matter of the complaint;

(B) requests and complaints relating to the subject matter units or individuals to assist in the investigation;

(C) request the complaint within the specified time limit to fulfil or properly fulfil their statutory duties;

(D) order the respondent to stop violations of laws, rules, regulations, and decisions and orders of the people's Government;

(V) were the damage done by the complainant taking the necessary remedial measures;

    (F) according to the accountability recommendations administrative permissions.

    Chapter III scope and acceptance form

The seventh administrative organs and their staff in the course of the implementation of administrative licensing, any of the following circumstances, the complainant can complain to the administrative bodies:

(A) there is no statutory basis of administrative license;

(B) changing the implementing organ, conditions, duration of administrative licensing;

(C) the law delegates the implementation of administrative licensing;

(D) violations of statutory procedures for the implementation of administrative licensing;

(E) violations of statutory procedures for control and inspection of the implementation of administrative licensing;

(F) an administrative permission or supervision and inspection charges levied;

(G) the proposed buy the designated commodities and to accept paid services or other improper requests;

(H) the changing of administrative licensing decision has entered into force;

(IX) other implementation of administrative license law and discipline cases.

    Complainants of administrative organs and their staff to handle non-administrative licensing approval and other administrative services complaints, reference to the provisions of the preceding paragraph.

The eighth administrative organs and their staff in the course of administrative penalties, any of the following circumstances, the complainant can complain to the administrative bodies:

(A) there is no statutory administrative penalty basis;

(B) without changing the scope of behavior, the types and range of administrative penalty;

(C) the law delegates the implementation of administrative punishments;

(D) violations of statutory procedures impose administrative penalties;

(E) violations of statutes impose administrative penalties;

(F) repeat penalties for the same offence;

(G) impose administrative penalties on the parties not to use fines, confiscation of property and documents or use the non-statutory sector issued fines, confiscation of property and documents;

(H) illegal fines on their own;

(I) violations of should be given administrative punishment shall not be penalized, the legitimate rights and interests of citizens, legal persons and other organizations, and damage to the public interest and social order;

    (J) other circumstances that impose administrative penalties for discipline.

Nineth administrative organs and their staff in the implementation of administrative enforcement process, any of the following circumstances, the complainant can complain to the administrative bodies:

(A) there is no basis of implementation of administrative enforcement of laws and administrative regulations;

(B) change the way compulsory administrative object, condition,;

(C) implementing administrative enforcement of violations of statutory procedures;

(D) broadening the range of sealing up, distraining and freezing;

(E) the use of or damage to sealing up, distraining premises, facilities, or property;

(Vi) attachment, arrest within the statutory time limit does not make a decision or failing to lift the seizure, return of seized items in a timely manner;

(VII) the freezing of deposits, remittances within the statutory time limit does not make a decision on or have not been timely lifting of the freeze;

    (VIII) implementation of administrative compulsory discipline in other contexts.

Tenth is imposed by the administrative organs and their staff in the implementation of the administrative process, any of the following circumstances, the complainant can complain to the administrative bodies:

(A) without the approval of legal procedures, increasing the levy project, expand the scope, change the standard;

(B) does not inform the expropriated rights and means of legal remedy;

(C) collect deposits and bonds in accordance with regulations, handling matters when processing is complete, delaying or refusing to return;

(D) no fee pursuant to the provisions, or charges not to implement management and does not provide the corresponding service;

    (V) other administrative discipline is imposed by the circumstances.

11th administrative organs and their staff in the course of administrative checks, any of the following circumstances, the complainant can complain to the administrative bodies:

(A) not in accordance with the statutory procedures, the time limit or beyond the statutory authority to inspect;

(B) to find the illegal concealment, shielding, shield or action to stop or correct;

(C) illegal checks to citizens ' personal or property damage, loss of property of legal persons and other organizations;

    (D) other administrative checks of breaking situations.

12th administrative reconsideration institutions and their staff in the performance of duties of administrative reconsideration, any of the following circumstances, the complainant can complain to the administrative bodies:

(A) meet the conditions for administrative reconsideration application as inadmissible;

(B) does not accept the application without written justification;

(C) the administrative reconsideration decision is not made within the statutory time limit;

    (D) other circumstances that apply for administrative review of breaking.

The 13th article in addition to the circumstances provided for in article seventh to 12th, administrative organs and their staff in one of the following circumstances, the complainant can complain to the administrative bodies:

(A) the convenience of taking advantage of his position, demanding or accepting other people's property;

(B) failing to disclose Government information;

(C) does not take seriously its obligations under JD, inefficiency, delay;

    (D) other circumstances that violating.

14th complaint under any of the following circumstances, administrative complaints bodies shall not accept:

(A) there is no explicit request from the complaint or complaints;

(B) administrative organs and their staff do not belong to discharge the responsibilities of the Administration;

(C) in accordance with the law shall be accepted by the public security authorities, judicial authorities in criminal and civil cases;

(D) has access to administrative review, arbitration of civil and commercial cases, judicial proceedings or administrative review, civil and commercial arbitration, not satisfied with the results;

    (E) other circumstances that do not belong to the scope of administrative complaints bodies accepted. 15th complainants can take phone calls, e-mails, letters and other forms of complaint.

I have no complaints, can be commissioned others to complain.

    Shall state the complaint of the complainant, complaints, complaint reasons and the complainant's name, address and contact details and other information, and provides relevant evidences.

    16th complaint the complainant, shall comply with laws, regulations, rules and other regulations shall not fabricate facts, bad faith, must not interfere with or affect the normal working order.

    The fourth chapter procedures

The 17th filed administrative complaints of citizens, legal persons and other organizations, administrative complaints body should decide whether to entertain and inform the complainant in the 5th. Inadmissible complaints should be reasons to the complainant in writing. Matters falling within the responsibilities of other departments, shall inform the complainant to the organs competent to deal with the reflected or transmitted to the authority.

    Among them, the administrative complaint matters should be handled by the subordinate administrative complaints bodies, higher administrative complaints body should be referred to the 2nd processing, and at the same time inform the complainant.

18th administrative complaints bodies to handle matters, approved by the head of the complaints, you can direct investigations, collect evidence in accordance with law. Investigations should be carried out by 2 or more people, and produce valid documents.

Respondent and its administrative agencies shall cooperate with and provide information to investigators.

    Investigation shall hear the statements of the complainant and to defend themselves.

19th administrative complaints body to investigate after the investigation report should form. Upon verification, and inconsistencies in the complainant's complaint, it shall promptly notify the complainant and respondent.

    One or both disagree, should complement the investigations.

The 20th survey report and a decision shall be sent to the complainant's appointment and removal, and will handle the decision served on the respondent and informed the complainant of the outcome.

    Are assigned by the subject of complaint, sponsor shall report the matter in accordance with the requirements the result.

21st administrative complaints bodies referred to complaints handled at lower levels shall timely supervision.

    Lower the result does not meet the requirements, shall instruct subordinates to apply for or supplementary investigations. 22nd administrative complaints bodies dealing with administrative matters shall be accepted from the date of 20th within.

Assigned by the administrative complaint matters, should be concluded in the 20th, the date of receipt. Major, complex administrative complaint matters agreed by the administrative complaints bodies, you can extend the 20th.

    Due to special reasons cannot be concluded on schedule, approved by the parent complaints bodies, may extend processing time limit.

    23rd administrative complaint matters, such as reception, investigation and handling of materials, shall be filed in a timely manner in accordance with the relevant provisions.

    24th administrative complaints bodies and their staff shall strictly implement relevant security regulations, shall not disclose information about the complainant, complaints may not be material to the respondent, as well as other independent units or personnel; need to be referred to the complaints unit or unit verification, address where the respondent, shall transmit a summary.

    25th staff administrative complaint administrative complaint matters with himself or his near relative has an interest, should be avoided.

    The fifth chapter liability

26th article administrative organ staff has this approach seventh article to 13th article provides behavior, by check true of, by is responsible for survey of administrative complaints work institutions decided or recommends its appointment organ according to provides permission and program give criticism education, and informed criticism, and administrative warned, processing; plot serious of, to was complaints staff appointment organ proposed post training, and out post, processing recommends; need held discipline responsibility of, to its appointment organ or monitored organ proposed processing recommends.

    Administration this approach set forth in seventh to 13th, verified, in accordance with the limits of authority and procedures for accountability on its head.

27th administrative complaints agency workers have one of the following acts, by its authority to appoint and remove criticism and education, shall be ordered to correct or post training, out of the post processing in serious cases, by their appointment and removal or the supervisory organs shall be subject to disciplinary liability:

(A) complaints against breaches of confidentiality;

(B) not in accordance with the time limits and procedures for handling complaints;

(C) damage the legal rights of the complainant, the respondent;

    (D) other circumstances that violating.

    The 28th executive staff blocked, restricted or retaliating against the complainant's complaints of the complainant, by his appointment and removal or supervisory organs shall be subject to disciplinary liability.

    29th complainant fabrications, malicious complaints, or interfere with or affect the normal work order, violation of the People's Republic of China Law on administrative penalties for public security, the public security organs shall be punished.

    The sixth chapter supplementary articles

    Article 30th authorized by laws and regulations to administer public affairs organization and administration authorities shall delegate the Organization and its staff administrative action complaint handling, application of this approach.

    31st article this approach on administrative complaints bodies dealing with administrative complaints relating to the term "2nd", "5th", "20th" requirement to working days, excluding holidays. 32nd article this way as of August 1, 2011. On December 17, 2002, issued by the General Office of the Shandong provincial people's Government, of the interim measures for administrative efficiency and the handling of complaints, Shandong province (Lu Zheng ban FA [2002]60) repealed simultaneously.