信访条例 REGULATIONS CONCERNING LETTERS OF PETITION

y. 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 concernin

g 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 make

s 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

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