(Adopted at the Thirty-fifth Session Executive Meeting of the People's Government of Shijiazhuang Municipality on December 25, 1995, promulgated for implementation by Decree No. 70 of People's Government of Shijiazhuang Municipality on January 1, 1996.)
Article 1 These rules are formulated in accordance with “Regulation on Petitions and Appeals" of the State of Council, “Regulations on Petitions
and Appeals of Hebei Province" and relevant laws and regulations, and in combination with the actual conditions of Shijiazhuang Municipality for the purpose ofguaranteeing lawful rights and interests of petitioners , maintaining normal petition order, ensuring normal work of state organs.
Article 2 These rules shall apply to handling of collective appeal of petitioners within administrative jurisdiction of the city.
Article 3 Collective appeal of petitioners referred to in these rules means the activities that the petitioners to reflect the same problem or requirement, reflect situations to state organ and state work personnel, express group will and make proposals which are to be handled by relevant state organ in the form of appeal
Directly accountable unit referred to in these rules means the authority or unit which has direct jurisdiction or direct handling responsibility for collective appeal issue.
Article 4 For collective appeal of petitioners, representatives of no more than four persons shall be elected.
Collective appeal representatives shall hold their own identity certificates and submit written material.
Article 5 The petitioners who select representatives to reflect group will and requirements according to these rules shall be protected by the law. No organization or individual shall suppress or strike and retaliate against them.
Article 6 The handling of collective appeal of petitioners shall follow the following principles:
(1) Each level will assume responsibility for its own work and unified handling;
(2) Handle in accordance with laws, regulations and relevant provisions;
(3) Be practical and realistic, attach importance to evidence, investigation and study.
(4) Combine problem handling with thought leading and promotion of legal system
(5) Highly efficient, convenient for people, timely handling and solve problems at local or grass roots.
Article 7 Collective petitioners have the following rights:
(1) Criticize and make proposals on state organ and state working personnel, and accuse or impeach their illegal and breach of duty behaviors.
(2) Appeal and accuse infringement suffered by lawful rights and interests of represented group;
(4) Reflect situations and problems involving interests of society public to relevant authority and raise requirements;
(4) Urge relevant national authority to handle, require response to petition issue or request reconsideration;
(5) Other rights specified by laws and regulations.
Article 8 Collective petitioner shall perform the following obligations:
(1) Observe laws, regulations, rules and policy provisions, public order and organ work orders;
(2) Reflect situations according to the facts and shall not fake and distort facts, slander and bring a false charge against others;
(3) Accept and obey the reply and handling results in compliance with laws, regulations, rules and policy;
(4) Abide by social morality, and take good care of public and personal property;
(5) The petitioners shall go to government authority and reception locations set up by their affiliated departments and reflect problems to work personnel, shall not petition at authority and important meeting locations outside reception locations and are forbidden to petition at residence of authority work personnel;
(6) Shall not bring dangerous article, explosive articles and controlled appliances to reception locations.
Article 9.Petition and appeal work organs at various level people's government is the comprehensive department of own level people's government to handle petition and appeal, instruct and coordinate petition and appeal work, and is responsible for coordination and handling of collective appeal:
(1) Receive and accept collective appeal on behalf of people's government of own level and maintain lawful rights and interests of the parties;
(2) Accept and handle collective appeal issue forwarded and assigned by higher level authority;
(3) Forward and assign collective appeal issue to relevant responsible units or lower level authority;
(4) Responsible for review reports on acceptance and handling for collective appeal issues handled by function department at same level, affiliated departments and units, and award on the inconsistent opinions of joint acceptance and handling units;
(5) Promote constitution, laws, regulations and relevant provisions to collective petitioners;
(6) Comprehensively assess the performance of relevant departments and units, and make honoring, award and punishment proposals to people's government of own level;
Article 10.Affiliated departments of various level people's governments shall accept and handle collective appeal issue within respective responsibility scope, make handling decisions within stipulated time limit and submit acceptance and handling report to assignment unit.
Article 11.For handling of collective appeal issue, each level assuming responsibility for its own work shall be implemented according to the following provisions:
(1) In the case of the jurisdiction of directly accountable units of village (town) or city street office below, village (town) people's government or city street office shall be responsible; when petition and appeal work institution of county municipality district people's government think the petition should be accepted and handled, such petition could be handled, directed or assigned to village (town) people's government r city street office to handle;
(2) In the case of the jurisdiction of affiliated departments of county (municipality) district people's government, affiliated departments of county (municipality) district people's government shall be responsible; when municipal bureau of petition and appeal work thinks the petition should be accepted and handled, such petition could be handled directly or assigned to directly accountable units to handle;
(3) In the case of the jurisdiction of affiliated departments of county (municipality) district people's government or municipal people's government, affiliated departments of county (municipality) district people's government or municipal people's government shall be responsible; when municipal bureau of petition and appeal work thinks the petition should be accepted and handled, such petition could be handled directly or assigned to directly accountable units to handle.
The problems involving merged units shall be handed over to the unit after merger to handle; the problems involving cancelled units shall be handled by the department in charge of cancelled unit.
Article 12 Collective appeal of petitioners shall be conducted level by level, and the petition shall first be raised to directly accountable unit; if directly accountable unit does not handle or the petitioners are dissatisfied with handling result, they could reflect to petition and appeal reception department of next higher level authority or unit.
Article 13 System of responsibility of administration chief in directly accountable units shall be implemented for handling of collective appeal issue. The officer in charge shall receive representatives of collective petition, listen attentively to opinions and proposals, take charge in research of collective appeal issue, reply to petition representative and accept the supervisions of citizens.
Article 14.Directly accountable units shall handle collective appeal issue according to the following procedure and provisions:
(1) Register petition issue and contents, hear problems and requirements reflected by petition representatives;
(2) The collective appeal without election of representative according to these rules, shall be informed to elect representative, at the same time notify the responsible persons of the units where they belong to promptly come to the scene and mobilize petitioners to return;
(3) In the event that reflected problem is beyond the handling authority of reception organ or it needs joint handling of several units, the reasons shall be explained to the petitioners, and within 3 days the problem shall be transferred to directly accountable units or submitted responsible unit designated by higher level organ in charge;
(4) In the case of involving verdict, judge and decision of judicial organ and arbitration body which are in force already and issues belonging to suit scope, the parties shall be informed to reflect to the court and procurator; in the case of problem involving discipline violation of party member and cadre, the parties shall be informed to reflect to discipline inspection department of the Party
(5) For the problems with simple plot, clear facts and conforming to provision of laws, regulations and rules, decision of handling shall be made timely;
(6) For those which need investigation for handling, directly accountable department shall explain reasons and designate specially assigned persons to investigate, handle, finish within 30 days of acceptance and reply to petitioner representative in writings; for complicated case, upon the approval of petition and appeal working organ of people's government of own level, the handling could be appropriately postponed, but shall not exceed 90 days; in the case of other provisions of laws and regulations, such provisions shall be followed;
(7) Handling result of collective appeal issue shall be reported to petition and appeal working organ of same level or assignment unit; if petition and appeal working organ of same level or assignment unit confirms the handling of acceptance and handling unit is inappropriate, they shall order original acceptance and handling unit handle it again or directly make handling decision.
Article 15 In the event that collective petitioners are dissatisfied with administrative handling decisions made by administration authority, other than application for reconsideration or administrative suit according to Regulations on Administrative Reconsideration and Administrative Litigation Law, they could apply to original handling authority for review within 30 days of receipt of administrative handling decision letter. Original handling authority shall raise review opinion and reply to collective petitioners within 30 days.
Article 16 In the event that collective petitioners are dissatisfied with handling results of original handling authority and units, they could file an application for review to relevant organs of next higher level within 30 days of receipt of decision and reply. Review organ shall make review reply within 30 days of receipt of review application. In the event that petition and appeal handling is correct through review, there would be no handling.
Article 17.In the event that petition and appeal work personnel have interests relation with handled petition and appeal issue, they shall withdraw.
Article 18 In any of the following situations of directly accountable unit, higher level organ or disciplinary supervision organ shall circulate notice to criticize or impose disciplinary sanction of demerit record above on the unit and its responsible persons; if the case is specially serious in violation of criminal laws, they shall be transferred to judicial organs and be investigated for criminal liability:
(1) Reject to accept and handle petition issue within their responsibility scope;
(2) Unit responsible persons fail to hurry to collective appeal scene and cause adverse effects;
(3) Failure to finish within stipulated time limit or handling failure, which causes severe consequences;
(4) Perform their duty in a perfunctory manner, shuffle, dispute over trifles, postpone or intentionally create difficulties, which cause people to skip a level to appeal;
(5) Suppress, strike and retaliate against petitioners who execute petition and appeal rights according to the law;
(6) Reject to execute handling decisions for petition issues made by higher level state organ and its work institution.
Article 19 In any of the following acts, collective petitioners shall be criticized and educated or imposed disciplinary sanction by relevant departments or the units where they belong; if the case is serious, they shall be warned or imposed a penalty of RMB 100 yuan below by public security organ according to "Security Administration Punishment Regulations":
(1) Violate these rules, organize without authorization and induce many persons to gather a crowd for appeal;
(2) Conduct illegal acts in the name of petition and disturb society security, whose case is not serious;
(3) Reject to accept and obey reply and handling made by state organs according to the laws, regulations and relevant provisions, stir up trouble and entangle for long periods of time;
(4) Usher posters, yell out slogans, paste and spread out big and small character posters at various level state organ locations.
Article 20.In any of the following acts of collective petitioners, public security organ shall impose detention of no more than 15 days below, penalty of no more than RMB 200 yuan or warning according to “Public Security Administration Punishment Regulations", “Law on Assembles, Processions and Demonstration" and other relevant laws and regulations; in the case of violation of criminal laws, they shall be transferred to judicial organ to investigate their criminal liability:
(1) Threaten and force others to appeal by vile means;
(2) Distort and fake facts, slander or bring a false case against others:
(3) Threaten, abuse and beat petition and appeal work personnel or other state work personnel and hinder execution of official business;
(4) Mislead people with rumors of their own creation, stir up trouble in the name of petition;
(5) Siege, break into state organs, and hinder normal operation of organ work and appeal at residence of state organ personnel;
(6) Invade and occupy public, stop vehicles or gather a crowd to jam traffic, destroy public order and traffic order;
(7) Destroy public facilities, damage public and personal property and other illegal acts.
In any of the acts of (3), (5), (6) and (7) items under this article, if the petitioner fail to obey determent, they shall be ordered to dismiss by public security organ; if they reject to dismiss, public security organ shall have the right to adopt necessary means to assist them in leaving the scene according to relevant regulations of the State, and take in, dispel or notify the units where they belong or custody to lead them back according to relevant regulations of the State.
Article 21In the event that the petitioners bring dangerous articles, explosive articles and controlled appliances into reception locations, public security organ or petition and appeal work institution shall have the right to take over.
Article 22These rules shall come into effect as of the date of promulgation.
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