Notice of the General Office of the Shandong Provincial People's Government on the issuance of the "Shandong Provincial Hearing Measures for Letters and Calls (Trial)"

The General Office of the Shandong Provincial People's Government on the issuance of the " Notice of the Hearing Measures for Petition Matters in Shandong Province (Trial)

Luzhengbanfa [2006] No. 31

Municipal People’s Governments, County (City, District) People’s Governments, Provincial People’s Governments All government departments, all directly affiliated institutions, all major enterprises, and all institutions of higher learning:

In order to do a good job in petition work in accordance with the law, enhance the transparency of petition work, and protect the legitimate rights and interests of petitioners, with the consent of the provincial government, hereby The "Shandong Province Hearing Measures on Petition Matters (Trial)" is issued to you, please implement it conscientiously.

General Office of the People's Government of Shandong Province

April 24, 2006

Shandong Province Hearing Methods for Letters and Calls (Trial)

Chapter 1 General Provisions

Article 1 is to strengthen the contact between governments at all levels and the people, handle petition matters in a timely and correct manner in accordance with the law, enhance the transparency of petition work, and effectively protect the privacy of petitioners. To protect legitimate rights and interests, maintain the order of letters and calls, and promote social stability, these Measures are formulated in accordance with the "Regulations on Letters and Calls" and other laws and regulations.

Article 2 The term "hearing" as mentioned in these Measures refers to the process by which the relevant administrative agencies, in the process of handling petition matters, publicly listen to the statements of the parties in the form of a hearing, through questioning, evidence giving, debate, evaluation, collegiality, etc. methods, procedures for ascertaining facts, clarifying responsibilities, and handling petition matters in accordance with laws, regulations and policies.

Article 3 Hearings shall follow the following principles:

(1) Territorial management, hierarchical responsibility, who is in charge and who is responsible;

(2) In accordance with the law, Timely and on-the-spot problem solving combined with guidance and education;

(3) Open, fair and impartial;

(4) Based on facts and laws, regulations and policies criterion.

Article 4 People's governments at all levels should establish hearing committees for letters and calls. Hearing committees work under the leadership of the petition work leading group at the same level. The daily work of the hearing committee is undertaken by the petition agencies of the people's governments at all levels.

Responsibilities of the Hearing Committee:

(1) To guide, supervise and inspect the hearing work on petition matters in the region;

(2) To decide on major and complex hearings Hold hearings on difficult petition matters;

(3) Instruct or designate administrative agencies that have the power to make decisions on petition matters to organize and conduct hearings;

(4) Supervise the hearing procedures;

(5) Supervise the implementation of hearing conclusions by all parties;

(6) Responsible for the organization, selection and management of hearing personnel, and establish a database of hearing personnel for petition matters.

Chapter 2 Scope of Hearing

Article 5 If any of the following circumstances occurs, a hearing may be held:

(1) The petitioner’s complaint to the handling authority Those who are dissatisfied with the handling opinions or the review opinions issued by the review agency and request a hearing;

(2) The handling, review, and review agency of petition matters believes that a hearing is necessary;

(3) ) Major, complex, and urgent matters involving multiple visits and signs of multiple visits need to be resolved in the form of hearings;

(4) Other hearings need to be held.

Article 6 Hearings are not applicable in the following circumstances:

(1) The matter involving the petition involves state secrets;

(2) The matter involving the petition involves commercial secrets and personal secrets Privacy;

(3) Not accepted in accordance with the "Regulations on Letters and Calls";

(4) The review authority has made a review opinion;

(5) )Other petition matters that are not suitable for hearing.

Chapter 3 Hearing Acceptance

Article 7 Administrative agencies at all levels shall inform petitioners of their right to request a hearing when making decisions on handling petitions.

Article 8 The petitioner applies for a hearing on the petition matter to the agency handling the petition matter, and the agency handling the petition matter shall determine whether to hold a hearing.

Article 9 After a petitioner applies for a hearing on a petition matter, if he or she is dissatisfied with the decision of the agency handling the matter not to hold a hearing, he or she may appeal to the hearing committee. For petition matters that require a hearing, the hearing committee shall instruct the relevant administrative agency to hold a hearing.

Article 10: Administrative agencies at all levels shall deliver the "Notice of Hearing on Petition Matters" to the petitioner within 10 working days before the hearing is held, informing the petitioner of the holding of the hearing The time, place and hearing host, the list of available hearing witnesses and the relevant written materials that the petitioner needs to prepare, and inform the petitioner that he or she does not attend without justifiable reasons, will be deemed to have waived the right to a hearing.

Article 11 The "Notice of Hearing on Letters and Calls" must be served with a service receipt, and the recipient shall indicate the date of receipt and sign or seal it on the service receipt. If it is difficult to deliver it directly, you can entrust relevant units to deliver it.

Article 12 The petitioner shall, within 3 days from the date of receipt of the "Notice of Hearing on Letters and Visits Matters", propose the persons who need to recuse themselves and the reasons, as well as the list of selected hearing persons.

Article 13 Administrative agencies at all levels must formulate a hearing plan in advance for petition matters that decide to hold a hearing, and inform the hearing participants of the time, location and other matters of the hearing 5 days before the hearing. Preparation is required.

Chapter 4 Hearing Committee Members, Responsibilities and Hearing Discipline

Article 14 Hearing committee members include the hearing host, the person in charge of the petition matter, the petitioner or other persons Appointment attorney, hearing officer, recorder.

Article 15 The host of the hearing shall be determined by the administrative agency holding the hearing, and generally shall be the person in charge of the administrative agency, but shall not be the person in charge of the petition matter. If the matter involving a letter or visit involves multiple administrative agencies, the decision shall be made through consultation between the administrative agencies holding the hearing; if the consultation fails, the decision shall be made by the hearing committee.

Article 16 Responsibilities of the hearing host:

(1) Develop a hearing plan, decide the time, place, and hearing personnel;

(2) Notify the hearing committee members to participate in the hearing;

(3) Decide on the extension, suspension, and termination of the hearing;

(4) Maintain the order of the hearing;

(5) Preside over the questioning, evidence giving, debate, evaluation and collegiality at the hearing;

(6) Other responsibilities conferred by these Measures.

Article 17 The person in charge of letters and visits includes the person in charge who makes the decision to handle and review the letter and call matter and the person in charge who is conducting investigation, review and reexamination.

Article 18 During the hearing process, the person in charge of the petition matter shall truthfully explain the handling process, results and the facts, evidence, laws, regulations and policies based on it.

Article 19 Under normal circumstances, the petitioner shall attend the hearing in person; under special circumstances, with the approval of the hearing host, one or two agents may be entrusted to attend the hearing or attend the hearing at the same time as his or her agent; If you entrust an agent to participate, you must submit a power of attorney before the hearing.

If a hearing is held on a petition matter that expresses the wishes of multiple people, representatives should be selected to participate in the hearing. Generally, the number of representatives should not exceed 5 people.

Article 20 The rights and obligations of the petitioner or his authorized agent in the hearing:

(1) The right to choose the hearing officer provided by the hearing committee to participate in the hearing;

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(2) The right to state and defend the facts, laws, regulations, policies and relevant circumstances involved in the complaint matter;

(3) The right to cross-examine the evidence presented by the investigators of the complaint matter , and present new evidence;

(4) Truthfully state the facts of the petition matter and answer the questions raised by the hearing host;

(5) Provide evidence for your own rights and interests;

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(6) The petitioner and his or her agent shall be responsible for the authenticity of the materials provided by them, and shall not fabricate or distort facts, or falsely accuse or frame others;

(7) Comply with the hearing Will discipline.

Article 21 The number of hearing officers participating in the hearing should generally be an odd number of 5 or more.

Article 22 Hearing officers should generally be deputies to the National People’s Congress, members of the Chinese People’s Political Consultative Conference, relevant experts, scholars, legal workers or other well-known figures in society.

Article 23 Responsibilities and Rights of Hearing Officers:

(1) Responsible for collecting information related to petition matters and listening to relevant opinions;

( 2) Ask questions to the person in charge of the petition, the petitioner or their authorized agent;

(3) Evaluate the facts, basis and handling opinions of the petition;

(4) Express opinions on the handling of petition matters;

(5) Collaborate to formulate a hearing conclusion.

Article 24 Hearing Disciplines:

(1) No one may speak or ask questions without the permission of the hearing host;

(2) Speech It must be concise and concise, the language must be civilized and appropriate, and insults and malicious attacks on others are prohibited;

(3) The petitioner or the entrusted agent or the person in charge of the petition shall not leave the meeting midway without authorization; the petitioner and his or her agent shall not leave without authorization. Anyone who is allowed to leave midway will be deemed to have given up the right to a hearing;

(4) There should be no loud noises, noises, or other behaviors that hinder the order of the hearing;

(5) The audio and video materials of the hearing are provided by The host of the hearing shall designate a special person to produce it, and other members of the hearing committee shall not record it.

Chapter 5 Hearing Procedures

Article 25 The hearing shall be conducted according to the following procedures:

(1) The hearing host announces the reasons for the hearing and introduces participants to the hearing (2) The hearing host announces the hearing discipline; (3) The petitioner or authorized agent states the petition matter and provide relevant evidence;

(4) The person in charge of the letter or call matter provides evidence for handling the letter or call matter and the basis for applying laws, regulations and policies, as well as handling opinions;

(5) The person who handles the letter or call matter or Entrust an agent to defend and cross-examine;

(6) The person in charge of the letter or call matter will respond to the disputed facts, basis, and handling opinions;

(7) The hearing officer will provide the relevant personnel with Ask questions;

(8) The petitioner or authorized agent makes a final statement;

(9) The person in charge of the petition matter makes a final statement;

(10) ) The hearing officer expresses an opinion on a certain fact or evidence of the petition matter;

(11) The hearing moderator announces the adjournment of the meeting and organizes the hearing officer to comment on the petition matter based on the hearing facts, evidence and applicable laws, regulations and policies. Handle the issue of hearing opinions and vote;

(12) The moderator announces that the hearing will continue, and the hearing officer representative announces the conclusion of the hearing. The written hearing conclusion shall be sent to the petitioner or his authorized agent within 10 days.

Article 26 If any of the following circumstances occurs, the hearing host shall make a decision to suspend or postpone the hearing:

(1) The petitioner or authorized agent, The person in charge of the petition matter does not attend the hearing or leaves the hearing midway without the permission of the hearing host;

(2) A situation beyond the control of the hearing venue occurs;

(3) ) There are other circumstances that warrant the suspension or postponement of the hearing.

Article 27 The recorder shall prepare a hearing transcript of all hearing activities, which shall be signed by the hearing moderator and the recorder, and shall be signed or sealed by the members of the hearing committee after reading it; refusal to sign at the hearing shall or stamped, this shall be stated in the hearing transcript. Hearing materials (including hearing transcripts, audio and video materials, and relevant evidence) shall be compiled and archived by the administrative agency that organizes and implements the hearing.

Article 28 If the petitioner or his authorized agent and other hearing participants believe that the hearing procedures violate the provisions of these Measures during the hearing process, they may make a complaint to the hearing host. The hearing host shall promptly respond to objections raised by hearing participants. If you are dissatisfied with the hearing host's response, you may submit a written complaint to the hearing authority after the hearing, and the hearing authority shall handle it in a timely manner. For serious violations of the provisions of these Measures, the hearing authority shall hold a new hearing.

Article 29 The hearing transcripts and hearing conclusions formed during the hearing shall be the main basis for the administrative agency to make handling, review, and review conclusions.

Article 30 After the review authority holds a hearing, the review opinion formed is a final handling opinion, which may be disclosed to the public in accordance with the law. If the petitioner is dissatisfied with the review opinion and still files a complaint based on the same facts and reasons. , the petition agencies and other administrative agencies of the people's governments at all levels will no longer accept the petition.

Chapter 6 Supplementary Provisions

Article 31 These Measures shall come into effect on June 1, 2006.