信访条例 REGULATIONS CONCERNING LETTERS OF PETITION

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 off

ice 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 necessar

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