基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

信访条例 REGULATIONS CONCERNING LETTERS OF PETITION

2006-05-16 15:07   我要纠错 | 打印 | 收藏 | | |

国务院令第185号
(Promulgated by Decree No. 185 of the State Council of the People's Republic of China on October 28, 1995)
颁布日期:19951028  实施日期:19960101  颁布单位:国务院

  Chapter I General Provisions

  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 (herein after 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 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

  Article 7 “Petition maker” refers to any citizen, legal 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.

  Article 8 The petition maker may present to administrative organs the following matters through petition correspondence:

  (1) Criticisms, proposals or requests with regards to an administrative organ or its personnel;

  (2) Accusations or exposures of offenses or negligence of duty of the administrative personnel;

  (3) Complaints against infringements of the rights or interests of the petition maker; and

  (4) Other matters.

  If the procedures for handling matters related to Item (2) or (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.

  Article 9 Matters which fall under the jurisdiction of the 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.

  Article 10 Concerning the submission of matters, the 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.

  Article 11 The petition maker who chooses to submit an opinion, proposal or request through a personal appearance should do so at a reception site established or designated by the relevant administrative organ. Visiting petition makers may not blockade or attack state organs and may not intercept public vehicles.

  Article 12 In the event that a group of people wish to 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.

  Article 13 Petition makers shall present the true facts. They may not fabricate stories, distort facts or falsely accuse or frame other persons.

  Article 14 Petition makers shall follow the petition 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

  Article 15 Administrative organs at different levels shall, within the limits of their functions and powers, accept matters of petition as defined in Article 8 of the present Regulations.

  Article 16 If the petition maker submits matters defined in 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.

  For matters of petition that have been settled or should be 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.

  Article 17 For matters of petition that are relevant to two 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.

  Article 18 If the administrative organ which should have 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.

  Article 19 If the petition maker fails to comply with the 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.

  Article 20 If the petition working office discovers or suspects a visiting petition maker to be in factiously ill, the working office shall notify the local public health department of the situation, which shall handle the situation according to corresponding state regulations.

  Article 21 If the petition working office discovers that a petition maker is mentally ill, they shall advise his residential area, unit or guardian to take him back.

  If the mentally ill person is incapable of controlling his 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.

  Article 22 If the petition maker does not abide by the 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.

  Article 23 If dangerous articles, explosives or controlled devices are taken to the reception site, the public security organ or the petition working office shall seize and confiscate them.

  Article 24 If a citizen, legal person or other organization 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.

  Article 25 For those petition matters of major importance or 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

  Article 26 Administrative organs at different levels shall 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:

  (1) Direct handling of those matters which, according to law, should be handled by the concerned administrative organ or are within the power of the administrative organ to handle;

  (2) Reporting the matter in due course to a higher administrative authority if, according to law, it should be handled by that authority;

  (3) Transferring the matter in due course to another administrative organ if, according to law, it should be handled by that administrative organ.

  Article 27 Administrative organs at different levels and 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.

  Article 28 If a staff member engaged in work concerning petitions has direct interests in the petition matter or concerning the petition maker, he shall avoid involvement in the handling of the petition matter.

  Article 29 In handling petition matters, administrative 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.

  No organization or individual may suppress, retaliate against or persecute a petition maker.

  Article 30 Administrative organs at different levels shall 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.

  Article 31 Administrative organs at different levels shall 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.

  If the authority which issued the assignment considers the settlement of the assignment is not satisfactory, it may require reconsideration of the matter by the administrative organ which received the assignment.

  Article 32 The relevant administrative organ shall settle 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.

  Article 33 The petition maker or the relevant unit shall 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.

  Article 34 If the settlement decision or opinion produced 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.

  Article 35 If an administrative organ discovers that its settlement decision or review opinion on a petition matter was incorrect, it shall make the necessary corrections.

  If a higher administrative organ discovers that a lower 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.

  Article 36 Administrative organs at different levels shall 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

  Article 37 Any office or individual who makes excellent achievements in work concerning letters of petition shall be conferred a reward by the relevant administrative organ.

  Article 38 Any petition maker who, by putting forward 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.

  Article 39 Any administrative organ which fails to discharge 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.

  Article 40 Any staff member of administrative organs at 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 responsibility.

  Article 41 Any petition maker who violates the petition 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

  Article 42 Work of social organizations, enterprises or institutions concerning letters of petition shall be conducted by reference to the present Regulations.

  Article 43 Petitions made by foreigners, stateless persons or foreign organizations shall be handled by reference to the present Regulations.

  Article 44 The present Regulations shall come into effect as of the date of January 1, 1996.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371