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Regulations of Jilin Province on Correspondence and Visitation

(Adopted at the 30th Session of the Standing Committee of the 7th People' s Congress of Jilin Province on September 14,1992; Amended Based on the Decision on Revising the Regulations of Jilin Province on Correspondence and Visitation at the 35th Session of the Standing Committee of the 8th People' s Congress of Jilin Province on December 19,1997; Revised at the 27th Session of the Standing Committee of the 9th People' s Congress of Jilin Province on December 1,2001)

Chapter ¢ñ General Provisions

Article1. These Regulations are formulated for the purposes of safeguarding the legal rights and interests of the correspondents and visitors, strengthening the work of correspondence and visitation, forging the close ties between state organs and the masses, ensuring the social stability, in accordance with the Constitution of the People' s Republic of China, the relevant provisions of laws and regulations, and in light of the actual circumstances in this Province.

Article2. The correspondence and visitation mentioned in these Regulations refer to the activities of the correspondents and visitors who make suggestions, practise criticism, give opinions and report circumstances to state organs by means of letters, telephone calls, interviews, etc; report or bring charges against the behaviors violating the law and discipline committed by state organs and their working members; appeal or demand to relevant state organs to ensure the legal rights and interests of the state, collectives and their own.

The state organs mentioned in these Regulations refer to the state organs of power, administrative organs, judicial organs and procuratorial organs at all levels of this province.

Article3. The state organs at all levels and their agencies should deal with the letters, receive the visitors serioushy, hear the opinions, criticisms and suggestions of the masses, accept the surveillance by the masses, and actually safeguard the legal rights and interests of correspondents and visitors.

Article4. That the correspondents and visitors conduct their activities of correspondence and visitation according to law shall be protected by law.

Article5. The work of correspondence and visitors shall insist on the principles of being responsible by different levels, dealing with by proper authorities, who is in charge who shall be responsible, solving problems on-the-spot, timely according to law and combining with ideological education of ideological inculcation.

Article6. The work of correspondence and visitors shall carry out the system of leadship must assume responsibility, the personnel in charge of state organs at all levels shall be the first responsible person, and shall be generally responsible for the work of correspondence and visitors, the competent personnel in charge shall be responsible for detailed responsibilities, the other persons in charge shall be responsible for the assigned person a responsibilities according to the working divisions of labor.

Chapter ¢ò Correspondents and Visitors

Article7. The correspondents and visitors refer to the citizens, legal persons and other organizations conducting the activities of correspondence and visitations.

Article8. The correspondents and visitors shall have the following rights:

(1) To make suggestions, practise criticism and give opinions to the state organs and their working staffs at all levels;

(2) To report, bring charges against the behaviors of violating the law and discipline committed by state organs and their working staffs;

(3) To complain, bring charges against the behaviors of infringing the legal rights and interests of correspondents and visitors;

(4) To ask the reception organs to deal with, reply and recheck the items of correspondents and visitors; and

(5) Others rights stipulated by law and regulations.

Article9. The correspondents and visitors should fulfil the following obligations:

(1) To abide by Constitution, the law and regulations, be forbidden to infringe the profits of the state, the society and collectives and the legal rights and interests of other citizens;

(2) To adhere to the order of correspondence and visitation, obey the settlement suggestions or decisions made by reception organs and in conformity with laws and regulations;

(3) To report circumstances truly, be forbidden to invent or distort the facts;

(4) Where submit the item of letters and visits, to sign the true name, tell the mailing address, show the basic facts and commands when submitting the items of correspondence and visitation; and

(5) Other obligations stipulated by law and regulations.

Article10. The correspondents and visitors should submit to the state organs or the next higher state organs which have the right of making a settlement decision on their items of correspondence and visitation. It is promoted to submit items of correspondence and visitation by means of letters. In regard to those who submit the items of correspondence and visitation by means of interview, they should submit to the reception places set up or appointed by the relevant state organs. In regard to the interviews of that many persons report the same wish, they should chose out less than five representatives to submit.

Chapter ¢ó Institutions of Correspondence and Visitation

Article11. The state organs at the county level and upwards must establish and perfect the working institutions of correspondence and visitation, provide the working staffs of correspondence and visitation.

The working departments at the county level, the people' s governments at the township (town) level should provide the working staffs of correspondence and visitation.

The state organs at all levels should offer necessary equipments and conditions for the working organs of correspondence and visitation, ensure the funds for the work of correspondence and visitation.

Article12. The responsibilities of the working organs of correspondence and visitation of state organs at all levels shall be:

(1) To deal with the items of correspondence and visitation;

(2) To supervise and urge, check, guide the work of correspondence and visitation of the local areas and their working systems, submit the dealing-with suggestions on the units and individuals who cause serious consequences for being unconscientious in their work;

(3) To investigate and study, comprehensively analysis the circumstance of correspondence and visitation, and provide the informations of correspondence and visitation to the relevant organs;

(4) To report major, urgent items of correspondence and visitation to the higher state organs; and

(5) Other responsibilities stipulated by law and regulations.

Article13. The working staffs of correspondence and visitation of state organs at all levels must achieve as the following:

(1) To receive civilizedly, be conscientious in their work, act impartially, and be unselfish;

(2) Not to shift responsibilities, put off or perform their duties in a perfunctory manner towards the items of correspondence and visitation;

(3) To be forbidden to transmit the materials of report and accusation to the personnel or units who are reported or accused;

(4) Not to lose, hide and destroy the materials of correspondence and visitation without authorizations;

(5) Not to let out the secrets of correspondence and visitation; and

(6) Not to intervene in the items of correspondence and visitation which have common interests to themselves.

Chapter ¢ô Scope of Acceptance and Hearing

Article14. The standing committees of the people' s congress at all levels shall accept and hear the following items of correspondence and visitation within their administrative divisions:

(1) The suggestions, criticism and opinions to the people' s congresses and their standing committees;

(2) The criticism and opinions to the administrative and judicial actions of the people' s governments, the people' s courts, and people' s procuratorates, appeals for the effective decisions, judgments and rulings made by the people' s courts and the people' s procuratorates;

(3) The report and accusation to the illegal behaviors committed by the working staffs of the state organs of power, administrative organs, judicial organs and procuratorial organs which are elected and appointed by the people' s congresses and their standing committees; and

(4) Other items of correspondence and visitation which should be accepted and heard by the standing committees of the people' s congresses at all levels according to the lawful stipulations.

Article15. The people' s governments at all levels shall accept and hear the following items of correspondence and visitation in their own administrative divisions:

(1) The suggestions, criticism and opinions to the people' s governments and their working departments;

(2) The appeals of refusing to accept the dealing-with decisions made by the people' s governments and their working departments; and

(3) The reports or accusations against the behaviors violating the law and discipline committed by the people' s governments and the working staffs of their working departments.

Article16. The people' s courts at all levels shall accept and hear the following items of correspondence and visitation:

(1) The suggestions, criticism and opinions to the work of the people' s courts;

(2) The reports and accusations the behaviors of violating the law and disciplince committed by the judgical officers and other working staffs of the people' s courts;

(3) The delation against the cases of criminal private prosecution, civil, administration and implementation which should be under the jurisdiction of the people' s courts according to the stipulations of law; and

(4) The appeals against the judgments, rulings and conciliations of legal effect and the relevant implemented cases of the people' s courts.

Article17. The people' s procuratorates at all levels shall accept and hear the following items of correspondence and visitation:

(1) The suggestions, criticism and opinions to the work of the people' s procuratorates;

(2) The reports and accusations against the behaviors of violating the law and discipline committed by the procuratorial personnels and other working staffs of the procuratorates;

(3) The appeal cases of being refused to accept the decisions made by the people' s prcoratorates;

(4) The informations or accusations against the behaviors of violating the law which are suspected of committing a crime in the activities of investigation of the public security and in those of adjudication of the people' s courts; and

(5) Other informingations, accusations and appeals which should be accepted and heard by the people' s procuratorates according to the stipulations of laws.

Article18. In regard to those items of correspondence and visitation out of the responsibility scopes of these organs at all levels, they should, within seven days, transmit them to the relevant organs to deal with.

Article19. The trans-regional and trans-departmental items of correspondence and visitation shall be dealt with through consultation by the involved regions and departments; in regard to those failing to reach an agreement through consultation, they shall be coordinated or dealt with directly by the next higher competent departments of the relevant regions and departments.

In regard to the items of correspondence and visitation which should be accepted and heared by the amalgamated or dismantled organs, they shall be dealt with by the organs of continually exercising their authorities or by the next higher organs.

Chapter ¢õ Dealing with Correspondence and Visitation

Article20. The personnel in charge of the state organs at all levels should read over the letters of the people, receive the mass visitors, deal with the major items of correspondence and visitation, and check and guide the work of correspondence and visitation.

Article21. The state organs at all levels should establish the necessary connection systems of correspondence and visitation, circulate the circumstances, and coordinate the handling of major items of correspondence and visitation.

Article22. In regard to the items of correspondence and visitation accepted and heard by the state organs at all levels, if they are with the responsibility scopes of these organs, they shall be finished to deal with within 30 days, and reply to the correspondents and visitors about the results of handling in accordance with circumstances. Where the circumstances are complicated, the time limit may be extended suitably after being approved by the personnel in charge of these organs.

Article23. In regard to the items entrusted by higher organs or by the state organs of power at the same level, they should fulfil the hand-over formalities, and the undertaking organs shall give a written reply to the correspondents and visitors. In regard to the items of correspondence and visitors needing to be reported the results of dealing with, the undertaking organs should report the results of dealing with within 60 days; those, failing to report the results of dealing with within the stipulated time, should explain the reasons to the entrusting organs.

The entrusting organs may return the results of dealing with to the entrusted organs for a recheck, also may draw the files or investigate and deal with according to law, after accepting the reports of dealing with, which they consider unsuitable.

Article24. In regard to the correspondents and visitors refusing to accept the results of dealing with, they may apply for a recheck to the next higher state organs or competent authorities; the next higher state organs or competent authorities should reply to the correspondents and visitors about the results of rechecking within 30 days since the date of accepting and hearing the applications of correspondents and visitors.

The reply of judgicial organs to the items of correspondence and visitation shall be dealt with according to the relevant regulations.

Those original decisions, which are believed correct by a recheck, shall not be dealt with again.

Article25. The anonymous letters shall be treated according to different conditions. Those having detailed clues and circumstances, and being checkable, should be delat with; those failing to have detailed clues and circumstance, may be registered for future reference, and shall not be dealt with.

Chapter ¢ö Orders of Correspondence and Visitation

Article26. The organs of accepting and hearing the items of correspondence and visitation shall keep the orders for correspondence and visitation together with the correspondents and visitor; if necessary, the public security shall assist in keep the orders for correspondence and visitation.

Article27. The following behaviors shall be forbidden in the activities of correspondence and visitation:

(1) To instigate, coerce others to take part in collective interviews;

(2) To enter into reception places with dangerous materials;

(3) To gather a crowd to besiege, close and assault state organs, intercept vehicles or block the traffic;

(4) To sit down, put up or arrange the papers of big or small characters, lay siege to reception personnel or hider the implementation of official business and, hider the working order of state organs by other ways; and

(5) Other behaviors prohibited by law and regulations.

Article28. Violating the provisions of these Regulations, the correspondents and visitors hold up in state organs or important places at all levels to hider the social orders, the security organs shall take them away timely.

Article29. In regard to the metal patients hidering the order of correspondence and visitation, the reception organs should notice their local areas, units or guardians to take them back; in regard to those needing to be sent to designated units or places for guardianship, the security organs shall handle them according to the relevant provisions.

Artilce30. Where the reception organs find the persons with serious communicable diseases among the visitors, they should notice the local administrative departments of health to handle them according to the relevant provisions of the state.

Chapter ¢÷ Reward and Punishment

Artilce31. The relevant organs should give honours or reward to the units or individuals who have made outstanding contributions in the work of correspondence and visitation.

Article32. In regard to the suggestions and opinions, the reports and accusations against the behaviors of violating the law and discipline which are given by correspondents and vistors, if they have made outstanding contributions to the development fo national economy and society, or to the improvement of the work of state organs and to the protection of social public interests, they shall be rewarded by relevant organs.

Article33. Those violating these Regulations and having any of the following behaviors, shall be circulated a notice of criticism by relevant organs and be instructed to correct within a time limit; where the consequences are serious, the chief responsible personnel in charge, the competent personnel in charge and the personnel of direct responsibilities shall be given disciplinary sanctions:

(1) Refusing to accept and hear the items of correspondence and visitation which should be accepted and heard;

(2) Failing to finish handling the items of correspondence and visitation within a time limit, and failing to explain the reasons; and

(3) Failing to report the major and urgent items of correspondence and visitation to higher state organs.

Article 34. The working staffs of correspondence and visitation, violating the provisions of said Article13, shall be given disciplinary sanctions by relevant organs.

Article35. The correspondents and visitors violating the provisions of these Regulations,

shall be given criticism and education by the reception departments of correspondence and visitation; those, violating the Penalty Regulations of the People' s Republic of China on Public Security Management, shall be penalized by public security organs according to law; where a crime is constituted, the offenders shall be investigated into their criminal responsibilities.

Chapter ¢ø Supplemental Provisions

Article36. The foreign-related correspondence and visitation shall apply to these Regulations, except for those stipulated otherwise by the state.

Article37. These Regulations shall become effective as of January 1, 2002.