catalogue
Chapter I General Provisions
Chapter II Institutions and Duties of Letters and Calls Work
Chapter III Jurisdiction of Letters and Calls
Chapter IV Acceptance of Letters and Calls
Chapter V Handling of Letters and Visits
Chapter VI Assignment and Supervision of Letters and Calls
Chapter VII Accountability
Chapter VIII Supplementary Provisions
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Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the relevant laws and regulations of the state and the actual procuratorial work in order to standardize the petition work of the people's procuratorates, protect the legitimate rights and interests of the petitioners, maintain the petition order and keep close contact with the people.
Article 2 The term "letters and visits" as mentioned in these Provisions refers to the activities in which the letters and visits reflect the situation to the people's procuratorates by letters, emails, faxes, telephone calls and visits, and put forward suggestions, opinions or complaints, reports and accusations, which are handled by the people's procuratorates according to law.
The term "complainant" as mentioned in these Provisions refers to a citizen, legal person or other organization that reflects the situation, puts forward suggestions and opinions, or makes complaints, reports and appeals in the form specified in the preceding paragraph.
Article 3 The People's Procuratorate shall handle the following petitions according to law:
(a) to report crimes committed by state functionaries;
(2) Appeal against the decision of the people's procuratorate;
(three) complaints reflecting the existence of illegal acts in the investigation activities of public security organs;
(4) Appeal against the effective judgment or ruling of the people's court;
(5) Accusing and executing judgments and rulings in criminal cases and illegal acts in the activities of prisons, detention centers and reeducation-through-labor institutions;
(six) complaints reflecting the violations of law and discipline by the staff of the people's Procuratorate;
(seven) suggestions and opinions on strengthening and improving procuratorial work and team building;
(eight) other petitions that should be handled by the people's procuratorate according to law.
Article 4 The petition work of people's procuratorates shall follow the purpose of establishing procuratorial organs for the public and enforcing the law for the people, adhere to the principles of resolving social contradictions and promoting social harmony, unblock the channels for letters and visits, handle the suggestions, opinions, complaints, exposures and accusations of the people according to law, accept their supervision and safeguard their legitimate rights and interests.
Article 5 The people's procuratorates shall adhere to the principles of territorial management, graded responsibility and whoever is in charge shall be responsible, adhere to the principle of solving problems according to law, timely solving problems on the spot and combining education and guidance, and resolve contradictions and disputes at the grassroots level and solve them on the spot.
Article 6 The People's Procuratorate shall implement the responsibility system for the first handling of letters and visits, clarify the responsibilities according to the division of functions of departments, and solve the problems of letters and visits in the first handling in a timely manner.
Article 7 The staff of the People's Procuratorate handling letters and visits shall withdraw if they have an interest in the letters and visits or the petitioners.
Article 8 People's procuratorates at all levels shall set up a leading group for letters and visits, which is composed of the chief procurator of the hospital and the heads of relevant departments, strengthen the internal cooperation and restriction mechanism, give full play to the role of various functional departments, and form a pattern of letters and visits with unified leadership, departmental coordination and personal responsibility.
Article 9 People's procuratorates at all levels shall establish a reporting system for major letters and visits, and shall not conceal, falsely report or delay reporting major letters and visits; The following major petition information shall be reported to the chief procurator in a timely manner:
(1) Comprehensive classified information on accepting letters and visits;
(2) Outstanding problems strongly reflected by the masses;
(3) Major and urgent letters and visits;
(four) transfer, reminders and assignments, supervision;
(five) after the completion of major letters and visits cases, conduct investigation and study, find out the outstanding problems in law enforcement, procuratorial team building and system implementation, and put forward suggestions for improving procuratorial work.
Article 10 The People's Procuratorate shall incorporate the petition work into the cadre assessment system and the law enforcement quality assessment system, and take whether the petition matters are solved in the hospital or in the local area as an important basis for assessment. Units and individuals that have made remarkable achievements in the work of letters and visits shall be commended and rewarded.
Eleventh people's Procuratorate to carry out civilized reception room to create appraisal activities, every three years to select a civilized reception room and excellent reception staff.
Chapter II Institutions and Duties of Letters and Calls Work
Article 12 People's procuratorates at all levels shall set up complaint procuratorial departments to be responsible for letters and visits. People's procuratorates at the county level with fewer personnel shall determine the institutions or full-time personnel responsible for letters and visits.
Thirteenth the main responsibilities of the procuratorial department in the work of letters and visits:
(a) unified acceptance of letters, reception of visitors;
(2) handing over the accepted letters and visits to the relevant departments for handling according to the division of responsibilities, or handling them by themselves in accordance with the relevant provisions;
(three) to transfer or assign letters and visits to the people's procuratorate at a lower level, and urge and examine the completion report submitted by the people's procuratorate at a lower level;
(four) according to the relevant provisions of the preliminary investigation of letters and visits;
(five) to handle and urge the petitions assigned by the higher authorities, or to handle them in accordance with the relevant provisions, and report the handling to the higher authorities;
(six) a written reply to the handling of the complaint or inform the complainant;
(seven) according to the relevant provisions of the conflict resolution, education and related aftermath;
(eight) in the work of letters and visits, it is found that prosecutors have violated the law and discipline, and they are promptly transferred to the relevant departments for investigation and handling;
(nine) to study and analyze the situation of letters and visits, carry out investigation and study, and put forward suggestions on strengthening and improving procuratorial work and team building in a timely manner;
(ten) to publicize the legal system and provide relevant legal advice;
(eleven) to guide the petition work of the people's procuratorates at lower levels.
Article 14 The people's procuratorate shall set up a special reception place for letters and visits, and publish laws and regulations on letters and visits, procedures for handling letters and visits and other related matters at the reception place for letters and visits.
Article 15 The people's procuratorate shall publicize the mailing address, postal code, e-mail, reporting telephone number, reporting website, reception time and place, and the way to inquire about the progress and results of handling letters and visits.
Article 16 People's procuratorates shall strengthen the informatization construction of letters and visits, establish and improve the information system of letters and visits, and gradually realize the interconnection of letters and visits between people's procuratorates at all levels and between people's procuratorates and other state organs, so as to facilitate the masses' demands and inquiries about the progress and results of handling, and improve the efficiency and management level of letters and visits.
Chapter III Jurisdiction of Letters and Calls
Article 17 People's procuratorates at all levels shall accept complaints, exposures and accusations under their jurisdiction, as well as suggestions and opinions put forward by petitioners.
Article 18 The people's procuratorate at a higher level shall accept the request for reexamination made by the complainant who refuses to accept the opinions of the people's procuratorate at a lower level on handling letters and visits.
Nineteenth departments of the people's Procuratorate shall undertake the work of letters and visits in accordance with the division of functions. For the protest letters and visits transferred by the procuratorial department, it is necessary to designate the undertaker to handle them in time, and give a written reply to the handling results within the prescribed time limit.
Twentieth petitions involving procuratorial work shall be handled by the competent department of business; Research involving the application of law shall be handled by the Legal Policy Research Department; Involving the organization and personnel work, handled by the Political Department; Involving prosecutors in violation of law and discipline, handled by the discipline inspection and supervision departments; The work involving multiple departments shall be organized and coordinated by the chief procurator of our hospital, and it is clear that relevant departments will take the lead in handling it.
Article 21 When the people's procuratorate at a higher level deems it necessary, it may directly accept the petitions under the jurisdiction of the people's procuratorate at a lower level, or hand over the petitions under its jurisdiction to the people's procuratorate at a lower level after accepting them.
Twenty-second petitions involving multiple regions shall be under the jurisdiction of the people's procuratorate of the region involved. If the jurisdiction is disputed, it shall be designated by the people's procuratorate at the next higher level.
Chapter IV Acceptance of Letters and Calls
Article 23 If a complainant puts forward a complaint reporting matter in the form of a visit, the reception staff shall make a written record, which shall specify the name, unit, address and specific contents of the complaint reporting matter of the complainant, and shall be signed or sealed by the complainant and the reception staff after being read out or handed over to the complainant for reading. If the complaint, report or complaint materials provided by the complainant are unclear, the complainant shall be required to supplement them.
If more than one person makes the same complaint through visiting, the complainant shall be required to elect representatives, and the number of representatives shall not exceed five.
The staff accepting complaints and reporting clues shall inform the complainant to be responsible for the authenticity of the contents of the complaints and reports, and shall not fabricate or distort the facts, or falsely accuse or slander others.
Twenty-fourth petitions put forward by the complainant in the form of letters, the staff responsible for handling the petitions shall promptly unpack them. Attention should be paid to maintaining the integrity of stamps, postmarks, postcodes, addresses and materials in envelopes when unsealing. After unsealing, it should be neatly bound in the order of the main text and annexes, and the special seal for receiving letters from our hospital should be stamped on the upper right corner of the first page of the letter.
Twenty-fifth letters and visits put forward by the complainant by e-mail, telephone, fax, etc. According to the relevant provisions of the provisions of article twenty-third, article twenty-fourth.
Article 26 The people's procuratorates shall implement the system of receiving visits from the chief procurator and the heads of business departments. The reception time and place shall be announced to the public.
The reception time of the chief procurator and the person in charge of the business department of the people's procuratorate at the prefecture or county level shall be no less than twelve times a year, and each time shall be no less than half a day.
The chief procurator of the people's procuratorate at or above the provincial level and the person in charge of the business department shall arrange the reception time irregularly every year according to the situation, or go deep into grassroots organizations to carry out joint reception activities.
Article 27 The Procurator-General and the heads of business departments may receive visitors regularly or by appointment.
Twenty-eighth people's procuratorates at the county level shall implement the system of visiting with the case and visiting regularly, set up contact points in towns and communities, hire liaison officers, timely grasp the information of letters and visits, and resolve social contradictions.
Twenty-ninth letters and visits should be input into the computer one by one, and within seven days after acceptance, they should be forwarded to the people's procuratorate at a lower level or the relevant departments of our hospital for handling according to the division of jurisdiction and departmental functions. For the complaints, reports and appeals handed over to the relevant departments of our hospital, the Registration Form for the First Handling Process of Complaints and Appeals should be attached one by one.
Comments should be made on important letters and visits, which should be reviewed by the department head and reported to the attorney general for approval.
Emergency letters and visits shall be handled according to law on the day of receipt.
Thirtieth for clues whose nature is unknown and difficult to concentrate, and the masses have repeatedly reported them, the procuratorial department shall conduct a preliminary investigation according to law.
Article 31 People's procuratorates at all levels shall protect the lawful rights and interests of complainants and informants according to law. It is strictly forbidden to disclose the accusation and accusation materials and related information to the accused and defendant.
Thirty-second petitions under the jurisdiction of the court, whether accepted or not, should be answered in writing on the spot; If you can't answer on the spot, you should inform the petitioner in writing within fifteen days from the date of receiving the complaint, except that the petitioner's name and address are unclear.
Petition matters that are not under the jurisdiction of our hospital shall be forwarded to the relevant competent authorities for handling, and the petitioner shall be informed.
Chapter V Handling of Letters and Visits
Article 33 When handling letters and visits, the people's procuratorate shall listen to the facts and reasons stated by the complainant, and may require the complainant, relevant organizations and personnel to explain the situation when necessary. If you need further verification, you can investigate with other organizations and personnel.
For major, complex and difficult letters and visits, the procurator-general shall organize special forces to investigate and handle them.
Article 34 After investigation and verification, the people's procuratorate shall handle the complaint reporting matters according to law and reply to the complainant:
(a) the facts are clear, in line with the provisions of laws and policies, and should be supported;
(two) the suggestions and opinions put forward by the complainant are conducive to improving the work and should be studied and adopted;
(three) the lack of factual basis or does not conform to the provisions of laws and policies, not to support, and to explain and guide the complainant.
Article 35 The undertaking department shall, within 60 days from the date of receiving the petitions transferred by the complaint and procuratorial department of our hospital; If the situation is complicated and cannot be solved within the time limit, the handling period may be appropriately extended with the approval of the chief procurator in charge, and the complaint shall be notified to the procuratorial department. The extension period shall not exceed thirty days. Where laws and regulations provide otherwise, such provisions shall prevail.
Thirty-sixth complaint procuratorial departments shall clean up the petitions handed over to the relevant departments of our hospital once a month. For reminders that are about to expire, a reminder letter should be sent; If it has not been completed for more than one month, it shall report to the procurator-general in charge and notify the person in charge of the relevant department.
Article 37 The people's procuratorate at a higher level shall inform the people's procuratorate at a lower level about the transfer of letters and visits every quarter; The people's procuratorate at a lower level shall report the handling of letters and visits to the people's procuratorate at the next higher level every quarter.
Article 38 The undertaking department shall reply the handling result to the appeal procuratorial department in writing. The written reply document shall be reasonable and mainly include the following contents:
(a) the main problems reflected by the complainant;
(2) the process of treatment;
(3) Facts and evidence;
(four) the handling situation and legal basis;
(five) to carry out conflict resolution, education and guidance and related aftermath.
Thirty-ninth people's procuratorates that undertake letters and visits shall be responsible for the results of handling letters and visits, and shall, in principle, give a written reply to the petitioners, except where the correspondence address is unknown.
Answers to major, complicated and difficult letters and visits shall be jointly undertaken by the undertaking department and the complaint and procuratorial department. When necessary, a public hearing can be held to clarify the facts, distinguish responsibilities, and do a good job in resolving contradictions, education and counseling through answering questions, debating, commenting and collegiate discussion.
The report reply shall be kept confidential, and the lawful rights and interests of informants shall be protected according to law. If it is necessary to give a written reply to the signed whistleblower by mail, it shall be sent by registered mail, and an envelope printed with the words of the People's Procuratorate shall not be used.
Fortieth if the complainant refuses to accept the handling opinions of the people's procuratorate, he may make a request for review in accordance with relevant regulations. After receiving the request for review, the people's procuratorate shall conduct a review. Those who meet the conditions for filing for examination shall file for examination. If it does not meet the conditions for filing a case for review, it shall give a written reply to the complainant.
Article 41 The visitors of the People's Procuratorate shall inform the petitioners to report letters and visits to the designated place in accordance with the relevant provisions of the state, and conduct letters and visits in an orderly manner according to law. If the complainant commits any of the following acts, it shall be discouraged, criticized or educated; If dissuasion, criticism and education are ineffective, they shall be transferred to public security organs for legal treatment:
(1) illegally gathering around the office of the people's procuratorate, containing or attacking the people's procuratorate, intercepting official vehicles, blocking traffic, and affecting the normal office order;
(2) Carrying dangerous goods and control devices;
(3) Insulting, beating or threatening a public prosecutor or illegally restricting the personal freedom of a public prosecutor;
(four) stay in the reception place for letters and visits, make trouble, deliberately destroy the facilities of the reception place for letters and visits, or leave people who can't take care of themselves in the reception place for letters and visits;
(5) Inciting, colluding, coercing, inducing others with property, manipulating others' letters and visits behind the scenes, or taking the opportunity to collect money in the name of letters and visits.
Article 42 If a complainant fabricates or distorts facts, falsely accuses, frames or slanders others, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be transferred to the competent authority for handling.
Chapter VI Assignment and Supervision of Letters and Calls
Article 43 The procuratorial department of the people's procuratorate at a higher level may, on behalf of our hospital, assign the following important letters and visits to the people's procuratorate at a lower level:
(a) the masses have a strong reaction and great social influence;
(two) the report content is more detailed, the circumstances are serious, and many reports have not been investigated;
(three) refuses to accept the decision of the people's Procuratorate, and repeatedly fails to handle the complaint according to law;
(4) Approved by the Attorney General.
Article 44 The petition procuratorial department is responsible for handling the petitions assigned by the petition procuratorial department of the people's procuratorate at a higher level. After registration, put forward handling opinions and report them to the chief procurator for approval.
Forty-fifth petitions assigned by the people's procuratorate at a higher level shall be handled in a timely manner, and shall generally be completed within three months; If the situation is complicated and it is really necessary to extend the completion period, it shall be approved by the procurator-general, and the extension period shall not exceed three months. If it is postponed, it shall report the progress to the people's procuratorate at a higher level and explain the reasons.
Article 46 For the petitions assigned by the people's procuratorate at a higher level, the undertaking department shall report the handling situation and results to the procurator-general for examination and approval, make a report on the handling of the petitions assigned, and forward it to the appeal procuratorial department together with relevant materials, which will report it to the people's procuratorate at a higher level in the name of our hospital.
Forty-seventh "assigned petitions handling report" shall include the following contents:
(1) Sources of letters and visits;
(two) the main problems reflected by the complainant;
(3) the process of treatment;
(4) Facts and evidence;
(five) the handling situation and legal basis;
(six) to carry out conflict resolution, education and guidance and related aftermath.
Article 48 The people's procuratorate at a higher level shall, after receiving the report on the matters assigned by the people's procuratorate at a lower level, carefully examine it, and if the facts are clear and properly handled, it shall close the case; If the facts are unclear, the evidence is insufficient, the nature is inaccurate, and the handling is improper, opinions shall be put forward and returned to the people's procuratorate at a lower level for re-handling.
If the people's procuratorate at a lower level insists on not correcting the mistakes, the people's procuratorate at a higher level may revoke the original decision of the people's procuratorate at a lower level and make a new decision upon the decision of the chief procurator or the procuratorial committee.
Article 49 If a people's procuratorate at a higher level accuses a people's procuratorate at a lower level of any of the following circumstances in its petition work, it shall promptly urge and correct it:
(a) should be accepted and refused to accept;
(2) Failing to go through the prescribed procedures;
(3) Failing to go through the formalities within the prescribed time limit;
(4) Failing to feed back the processing results as required;
(five) do not implement the complaint handling opinions;
(six) other matters that need to be supervised and corrected.
Article 50 The people's procuratorate at a higher level shall lodge complaints and suggestions for improvement to the procuratorial organs on matters under its supervision. After receiving the improvement opinions, the people's procuratorates at lower levels shall make timely improvement and feedback the situation. If the proposal is not adopted, the procuratorial department may report it to the chief procurator for approval and instruct the supervised unit to implement it.
Chapter VII Accountability
Fifty-first letters and visits procuratorial departments in handling letters and visits, found that prosecutors have violated the law and discipline, it should make recommendations, together with relevant materials transferred to the political work department or the discipline inspection and supervision department.
Article 52 In any of the following circumstances, which leads to the occurrence of letters and visits and causes serious consequences, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the Regulations of the People's Procuratorate on the Investigation of Responsibility for Misjudged Cases (Trial) and the Regulations on Disciplinary Actions of Prosecutors (Trial). If the case constitutes a crime, criminal responsibility shall be investigated according to law:
Exceeding or abusing his power and infringing upon the legitimate rights and interests of the complainant;
(two) the legitimate rights and interests of the complainant are infringed by the inaction;
(three) due to intentional or gross negligence, resulting in improper qualitative handling of the case, infringing on the legitimate rights and interests of the complainant;
(four) other letters and visits caused by intentional or gross negligence, resulting in serious consequences.
Fifty-third in violation of the provisions in the process of handling letters and visits, one of the following circumstances, resulting in serious consequences, the responsible units, departments and persons directly responsible shall be criticized and educated; If the circumstances are serious, disciplinary action shall be taken; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) prevarication, perfunctory, should be accepted and not accepted;
(two) without undue delay, not within the prescribed time limit;
(3) Failing to support the petition requests with clear facts and in compliance with laws, regulations or other relevant provisions;
(four) rough style, simple method, intensifying contradictions;
(5) Dereliction of duty, retaliation against the complainant, or disclosure of complaints, reporting materials and relevant information to the complainant or respondent;
(six) refused to implement the complaint handling opinions.
Article 54 Whoever conceals, falsely reports or delays reporting information about major letters and visits, thus causing serious consequences, shall give criticism and education to the directly responsible person in charge and other directly responsible personnel; If the circumstances are serious, disciplinary action shall be taken.
Chapter VIII Supplementary Provisions
Article 55 the Supreme People's Procuratorate shall be responsible for the interpretation of these Provisions.
Article 56 These Provisions shall come into force as of the date of promulgation. Where the provisions of the People's Procuratorate on letters and visits are inconsistent with these provisions, these provisions shall apply.