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| Category | MISCELLANEOUS ADMINISTRATION AFFAIRS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1995-10-28 | Effective Date | 1996-01-01 |
|
Regulations Concerning Letters of Petition |
|---|
Article 1 The present Regulations are formulated with a view
to keeping the people's governments at different levels in close
contact with the people, protecting the legitimate rights and
interests of those who make letters of petition and preserving
the order of administration of letters of petition.
Article 2 The term "letter of petition" used in the present
Regulations refers to the actions of a citizen, legal person or
other organization who, through written correspondence, telephone
or personal appearance with the people's government at various
levels or departments under the people's government at the county
level or above (hereinafter referred to as administrative organs
at different levels) requests a situation report or submits an
opinion, proposal or request which, according to law, should be
dealt with by the relevant administrative organs.
Article 3 The administrative organs at different levels
shall properly handle letters of petition, carefully deal with
letters, receive visitors, attend to the opinions, proposals and
requests of the people, submit themselves to the supervision of
the people and exert themselves to serve the people.
Article 4 The work of handling letters of petition shall be
done under the leadership of the people's government at different
levels. It shall adhere to the principles of different
responsibilities given to different levels, the handling of
petitions under the proper jurisdiction with the relevant
departments in charge being held responsible, settlement of
matters in the fastest possible time and in the place closest to
the occurrence and the combination of problem-resolution in
accordance with the law with ideological education.
Article 5 Chief leaders of administrative organs at
different levels shall read and make comments or issue
instructions concerning important letters of petition, receive
important visitors, deliberate over and solve problems, make
inspections and give instructions in work concerning letters of
petition.
Article 6 The people's governments at different levels from Article 7 "Petition maker" refers to any citizen, legal Article 8 The petition maker may present to administrative (1) Criticisms, proposals or requests with regards to an (2) Accusations or exposures of offenses or negligence of (3) Complaints against infringements of the rights or (4) Other matters. If the procedures for handling matters related to Item (2) or Article 9 Matters which fall under the jurisdiction of the Article 10 Concerning the submission of matters, the Article 11 The petition maker who chooses to submit an Visiting petition makers may not blockade or attack state Article 12 In the event that a group of people wish to Article 13 Petition makers shall present the true facts. Article 14 Petition makers shall follow the petition Article 15 Administrative organs at different levels shall, Article 16 If the petition maker submits matters defined in For matters of petition that have been settled or should be Article 17 For matters of petition that are relevant to two Article 18 If the administrative organ which should have Article 19 If the petition maker fails to comply with the Article 20 If the petition working office discovers or Article 21 If the petition working office discovers that a If the mentally ill person is incapable of controlling his Article 22 If the petition maker does not abide by the Article 23 If dangerous articles, explosives or controlled Article 24 If a citizen, legal person or other organization Article 25 For those petition matters of major importance or Article 26 Administrative organs at different levels shall (1) Direct handling of those matters which, according to law, (2) Reporting the matter in due course to a higher (3) Transferring the matter in due course to another Article 27 Administrative organs at different levels and Article 28 If a staff member engaged in work concerning Article 29 In handling petition matters, administrative No organization or individual may suppress, retaliate against Article 30 Administrative organs at different levels shall Article 31 Administrative organs at different levels shall If the authority which issued the assignment considers the Article 32 The relevant administrative organ shall settle Article 33 The petition maker or the relevant unit shall Article 34 If the settlement decision or opinion produced Article 35 If an administrative organ discovers that its If a higher administrative organ discovers that a lower Article 36 Administrative organs at different levels shall Article 37 Any office or individual who makes excellent Article 38 Any petition maker who, by putting forward Article 39 Any administrative organ which fails to discharge Article 40 Any staff member of administrative organs at Article 41 Any petition maker who violates the petition Article 42 Work of social organizations, enterprises or Article 43 Petitions made by foreigners, stateless persons Article 44 The present Regulations shall come into effect as
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and above the county level, and their inferior departments shall,
according to the principle of work competence and convenience for
petition makers, decide on the organization of institutions or
personnel (hereinafter referred to as the petition working
office) in charge of carrying out work concerning letters of
petition and be specifically responsible for receiving and
handling letters of petition.
Chapter II Petition Maker
person or other organization who, through written correspondence,
telephone or personal appearance with the administrative organs
at different levels, makes a petition for a situation report, or
submits an opinion, proposal or request.
organs the following matters through petition correspondence:
administrative organ or its personnel;
duty of the administrative personnel;
interests of the petition maker; and
(3) of the preceding paragraph have been otherwise stipulated
in other laws or administrative regulations, the petition maker
should submit those matters according to the procedures
prescribed by those corresponding laws or administrative
regulations.
people's congress at different levels, the standing committee of
the people's congress at or above the county level, the people's
court or the people's procuratorate shall be submitted to the
relevant people's congress and the standing committee thereof,
the people's court or the people's procuratorate respectively.
petition maker shall appeal to the relevant administrative organ
or its immediately superior organ which by law has the power to
handle and make decisions concerning said matters.
opinion, proposal or request through a personal appearance
should do so at a reception site established or designated by the
relevant administrative organ.
organs and may not intercept public vehicles.
submit a common opinion, proposal or request, the petition shall
generally be made by written correspondence or telephone. If said
group of people choose to make the petition through personal
appearance, they shall elect not more than five delegates to do
so.
They may not fabricate stories, distort facts or falsely accuse
or frame other persons.
administration process. They may not interfere with the working
order of state organs. They may not damage public or private
property at the reception site, or harass, insult, strike or
threaten the personnel handling the reception. They may not take
along with them to the reception site dangerous articles,
explosives or controlled devices.
Chapter III Acceptance of Petitions
within the limits of their functions and powers, accept matters
of petition as defined in Article 8 of the present Regulations.
Article 9 of the present Regulations, the petition working office
shall, in light of individual situations advise the petition maker
to refer those matters to the corresponding people's congress and
the standing committee thereof, the people's court or the people's
procuratorate.
settled through litigation, administrative reconsideration or
arbitration, the petition working office shall advise the
petition maker to have those matters handled in accordance with
the corresponding laws and administrative regulations.
or more administrative organs, said administrative organs shall
negotiate to solve the problem of acceptance. If a disagreement
occurs, the organ to accept the matter of petition shall be
decided by an immediately higher common administrative authority
through coordination.
accepted a matter of petition has been absorbed or dissolved, the
matter shall then be accepted by the administrative organ which
inherits the function and power of the former organ.
stipulations in Article 10 of the present Regulations and appears
in person directly to a higher administrative organ, the higher
administrative organ shall advise the petition maker to submit
the petition in accordance with the stipulations in Article 10 of
the present Regulations. If the organ deems it necessary to
accept the petition directly, it may do so.
suspects a visiting petition maker to be infectiously ill, the
working office shall notify the local public health department of
the situation, which shall handle the situation according to
corresponding state regulations.
petition maker is mentally ill, they shall advise his residential
area, unit or guardian to take him back.
actions to the extent of disturbing the orderly work of the
petition administration, the petition working office may request
the local public security organ to take the patient away from the
reception site and have him housed under care or returned to his
place of residence in accordance with corresponding state
regulations, or may advise the person's residential area, unit or
guardian to take him back.
stipulations in Article 11 or 14 of the present Regulations to
the extent of interfering with the orderly work of the petition
administration, the petition working office may render an
educational criticism of him. If that fails in effect, the office
may request the local public security organ to escort him away
from the reception site and have him housed under care or returned
to his place of residence in accordance with corresponding state
regulations, or may advise his residential area, unit or guardian
to take him back.
devices are taken to the reception site, the public security
organ or the petition working office shall seize and confiscate
them.
discovers a petition matter of major importance or urgency which
may have social repercussions, they may report to the nearest
administrative organ. Upon receipt of such a report, the local
people's government at different levels shall immediately report
the matter to the people's government at an immediately higher
level and notify relevant responsible departments when necessary.
The departments of the people's government at different levels at
and above the county level, upon receipt of such a report, shall
immediately report the matter to the people's government at the
same level and the responsible department at the immediately higher
level, and shall notify other relevant responsible departments when
necessary. The concerned department of the State Council, upon
receipt of the report, shall immediately report the matter to the
State Council and notify relevant responsible departments when
necessary.
urgency which may have social repercussions, the relevant
administrative organs shall, within the limits of their functions
and powers, take legal measures to handle the situation in a
resolute and decisive manner so as to prevent the occurrence or
expansion of adverse social repercussions.
Chapter IV Handling of Petitions
handle letters of petition in the following manner in compliance
with their functions and limits of power, and in consideration of
the nature of the petition:
should be handled by the concerned administrative organ or are
within the power of the administrative organ to handle;
administrative authority if, according to law, it should be
handled by that authority;
administrative organ if, according to law, it should be handled
by that administrative organ.
their staffs shall be scrupulous in the discharge of their
duties, impartial and in accordance with the law in handling
matters, always ascertain the truth, identify liabilities, make
correct persuasions and duly, properly and correctly settle
matters. They may not shift responsibilities to others or do
their work in a delayed or perfunctory manner.
petitions has direct interests in the petition matter or
concerning the petition maker, he shall avoid involvement
in the handling of the petition matter.
organs and their staff may not release or transfer any material
concerning accusations, expositions or charges to the person or
organization accused, exposed or charged.
or persecute a petition maker.
settle within 30 days petition matters to be directly handled by
that organ and shall advise the concerned petition maker of the
result of the settlement in light of the particular circumstances.
If the matter is complicated, the prescribed period may be extended
properly.
settle within 90 days petition matters which have been assigned
thereto and shall advise the authority that originally assigned
the matter of the result of the settlement. If the matter cannot
be settled within the prescribed period, an explanation should be
presented to the authority which originally made the assignment.
settlement of the assignment is not satisfactory, it may require
reconsideration of the matter by the administrative organ which
received the assignment.
within 90 days petition matters which have been transferred
thereto and shall advise the organization that originally made
the transfer of the result according to the situation.
abide by and carry out the settlement decision that has been made
by the relative administrative organ. If they reject the
decision, they may within 30 days from receipt of the written
decision ask the administrative organ which originally made the
decision to review the decision unless they wish to request an
administrative reconsideration or lodge an administrative suit
according to laws or administrative regulations. The original
administrative organ which made the settlement decision shall
within 30 days from receipt of the request for review of the
decision produce its opinion and give a reply.
after review by the original organ is again rejected, the
petition maker may within 30 days from receipt of the written
settlement decision or the written opinions after review appeal
to an immediately higher administrative organ for a review, and
the latter shall propose opinions thereon within 30 days upon
receipt of the application for review. If it is satisfied after
review that the original settlement decision is correct, the
matter may not be reconsidered any more.
settlement decision or review opinion on a petition matter was
incorrect, it shall make the necessary corrections.
administrative organ erred in the settlement or review of a
petition matter, it has the authority to take over the matter for
reconsideration or to instruct the lower administrative organ to
make a new settlement.
duly analyze the social implications and the wishes of the masses
reflected in a letter of petition and shall accordingly put
forward suggestions for improvement of work.
Chapter V Rewards and Punishments
achievements in work concerning letters of petition shall be
conferred a reward by the relevant administrative organ.
proposals or opinions, making accusations against or disclosing
illegal activities makes contributions to the national economy
and social development or to the improvement of the work of
government offices or protection of the public interests shall
be conferred a reward by the relevant administrative organ.
its duty, shifts its responsibilities to others, does work in a
perfunctory manner or delays the procedures of handling matters
may be criticized through a circular issued by a higher
administrative organ. Those persons responsible may be given a
disciplinary sanction according to the seriousness of the
case.
different levels who ignores duties, practices favoritism to the
detriment of the work shall be subject to educational criticism
or a disciplinary sanction according to the seriousness of the
case, or if a crime is constituted, be investigated for criminal
reponsibility.
administration process may be subject to educational criticism by
the petition working office. The office may also recommend that
the unit to which the petition maker is attached render to him
educational criticism or give a disciplinary sanction. Any
petition maker who violates public security management regulations
shall be dealt with by the public security organ according to the
Regulations of the People's Republic of China on Administrative
Penalties for Public Security, or if the violation constitutes a
crime, be investigated for criminal responsibility.
Chapter VI Supplementary Provisions
institutions concerning letters of petition shall be conducted
by reference to the present Regulations.
or foreign organizations shall be handled by reference to the
present Regulations.
of the date of January 1, 1996.
URL: http://www.asianlii.org/cn/legis/cen/laws/rclop433