Interim Provisions on the Administration of Letters and Visits Hearing

Article 1 These Measures are formulated in accordance with the relevant provisions of the Regulations on Letters and Visits of the State Council in order to standardize the procedures for handling letters and visits by administrative organs and the letters and visits behavior of petitioners, protect the legitimate rights and interests of petitioners and supervise the administrative organs to exercise their functions and powers according to law.

article 2 the term "hearing" as mentioned in these measures refers to the procedure by which an administrative organ, in the form of hearing, ascertains the facts, distinguishes the responsibilities and handles letters and visits according to law by means of questioning, debate, appraisal and collegial panel.

Article 3 The hearing of letters and visits shall follow the following principles:

(1) Openness, transparency, fairness and reasonableness;

(2) Find out the facts and distinguish the responsibilities;

(3) seek truth from facts and correct mistakes.

Article 4 In any of the following circumstances, the administrative organ that has the right to handle the complaint reporting may hold a hearing:

(1) Before the administrative organ makes a handling opinion on the complaint reporting, the complainant requests to hold a hearing;

(2) the complainant refuses to accept the handling opinions or review opinions made by the administrative organ on the complaint reporting matters and requests to hold a hearing;

(3) petitions involving a large number of people, strong reaction from the masses or controversial matters, which the original undertaking organ or the petition work institution of the people's government at a higher level or the administrative department at a higher level think need to hold a hearing;

(4) The complainant refuses to accept the handling opinions or review opinions made by the administrative organ, neither requests for review or reexamination, nor applies for a hearing, but still insists on the complaint reporting, and the complaint reporting office of the people's government at a higher level or the administrative department at a higher level of the original undertaking organ considers it necessary to hold a hearing;

(5) Other complaint reporting matters that the administrative organ that has the right to handle deems it necessary to hold a hearing.

Article 5 No hearing shall be held for the complaint reporting matters that have been settled through litigation, administrative reconsideration or arbitration.

article 6 the complaint handling organ or the reexamination and reexamination organ shall inform the complainant in writing that it can apply for a hearing before making opinions on handling complaints or reexamination and reexamination.

article 7 when a complainant applies for a hearing, he shall submit a written application for hearing to the handling, review or review organ of the complaint reporting matter within 7 days from the date of receiving the written notice, and the application shall specify the reasons, evidence and requirements for applying for a hearing. If there are witnesses, the list and address of witnesses shall be provided.

if the parties are unable to apply for a hearing within the prescribed time limit due to force majeure or other legitimate reasons, they may apply for an extension of the time limit within 3 days after the obstacle is removed. The administrative organ that decides to hear the case shall approve its application after verification.

article 8 the complaint handling organ or the reexamination and reexamination organ shall inform the complainant in writing whether to agree to the hearing within 7 days from the date of receiving the application for hearing.

if the administrative organ that has the right to handle the complaint reporting matters considers it necessary to hold a hearing ex officio, it shall inform the complainant in writing within 5 days from the date of making the decision.

article 9 the administrative organ that has the right to handle the case shall hold a hearing within 3 days from the date of making the hearing decision, and notify the complainant in writing of the time and place of the hearing and the relevant materials to be prepared seven days before the hearing, and may make an announcement if necessary.

article 1 before the hearing is held, if the petitioner applies for withdrawing the hearing, it shall be allowed and recorded.

article 11 except for petitions involving state secrets, commercial secrets or personal privacy, the hearing shall be held in public.

Article 12 The hearing shall be organized and implemented by the administrative organ that has the right to handle the letters and visits.

Article 13 The participants in a hearing include the presiding hearer, the hearing officer, the recorder, the undertaker of letters and visits, the complainant or the agent entrusted by the complainant, and the personnel related to the hearing.

if the hearing is held in public, citizens can attend the hearing in accordance with the provisions of the hearing organ.

Article 14 The hearing officer is generally appointed by the hearing organ, and may invite relevant experts, legal workers, deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference or other public figures to serve as the hearing officer; The number of hearing officers shall be singular and shall not be less than 3. The presiding hearer shall be the hearing officer and shall be the relevant person in charge of the hearing organ.

if the hearing officer has a direct interest in the hearing or has other circumstances that may affect the fairness of the hearing, he should withdraw. The withdrawal of the presiding hearer shall be decided by the hearing organ, and the withdrawal of other personnel shall be decided by the presiding hearer.

Article 15 The undertaker of letters and visits includes the undertaker who made the original handling opinion and the original review opinion, and the undertaker who is conducting investigation and handling or review. The undertaker of letters and visits shall not serve as the hearing officer of the hearing of letters and visits.

Article 16 A complainant may entrust 1-2 people as agents to attend the hearing, and submit a power of attorney before the hearing is held. The power of attorney shall specify the entrusted matters and the agency authority.

if a group visit holds a hearing, representatives shall be selected to attend the hearing according to the regulations on letters and visits.

Article 17 Rights and obligations of the complainant in the hearing:

(1) Have the right to apply for the withdrawal of the hearing officer who has a direct interest in the complaint or the complainant or has other relations that may affect the fair hearing;

(2) having the right to state and defend the facts, policies, regulations and relevant information involved in letters and visits;

(3) Have the right to cross-examine the evidence presented by the undertaker of letters and visits and present new evidence;

(4) truthfully state the facts of letters and visits and answer the questions of the hearing host;

(5) to prove their rights and interests;

(6) Abide by the hearing discipline.

article 18 the complainant shall not bear the hearing fee.

article 19 before the hearing begins, the recorder shall find out whether the undertaker of letters and visits, the complainant, the hearing officer and other persons who should attend the hearing are all present, and report to the presiding officer.

at the beginning of the hearing, the presiding hearer shall check the attendance of the hearing personnel, announce the reasons for the hearing, announce the hearing staff and recorder, announce the hearing discipline, inform the petitioner about the rights and obligations of the hearing, and ask the petitioner whether to apply for withdrawal from the hearing staff and recorder.

Article 2 The hearing shall be conducted according to the following procedures:

(1) The presiding hearer announces the beginning of the hearing;

(2) The presiding hearer announces the reasons for the hearing, introduces the relevant information of the people who participated in the hearing, and asks the petitioner whether to apply for withdrawal;

(3) The complainant or his entrusted agent states the complaint reporting matters and provides relevant evidence;

(4) the evidence, laws, regulations and policy basis put forward by the undertaker of letters and visits for investigating and handling letters and visits;

(5) The complainant or his entrusted agent makes defense and cross-examination;

(6) The undertaker of letters and visits shall reply on the disputed facts, reasons, laws, regulations and policy basis;

(7) The petitioner or his entrusted agent makes a final statement;

(8) The undertaker of letters and visits makes a final statement;

(9) Hearing officers express their personal opinions, but they can't express their concluding opinions on how to handle letters and visits here;

(1) The presiding hearer announces the adjournment, and organizes the hearers to discuss the complaint reporting matters in a collegial manner on the hearing facts, evidence, applicable policies and regulations, and form a conclusion after collegial discussion;

(11) If the presiding hearer announces that the hearing will continue and can make a hearing conclusion on the spot, it shall be announced on the spot;

(12) The presiding hearer announces the end of the hearing.

Article 21 The presiding hearer may make a decision to postpone or suspend the hearing according to the actual situation.

Article 22 In any of the following circumstances, the hearing may be postponed:

(1) The parties are unable to be present due to force majeure;

(2) the party concerned applies for withdrawal temporarily;

(3) Other circumstances in which the hearing should be postponed.

Article 23 In any of the following circumstances, the hearing may be suspended:

(1) It is necessary to notify new witnesses to be present or to re-authenticate or conduct an inquest;

(2) the parties are unable to continue to participate in the hearing due to irresistible reasons;

(3) Other circumstances in which the hearing should be suspended.

Article 24 After the circumstances of postponing or suspending the hearing disappear, the presiding hearer shall decide the time and place of resuming the hearing in time and notify the participants of the hearing.

Article 25 If a hearing conclusion is made on the spot, the hearing organ shall deliver it to the complainant or his entrusted agent in writing within 1 days; If it fails to be made on the spot, it shall make a hearing conclusion within 2 days and deliver it to the complainant or his entrusted agent in writing.

article 26 the hearing recorder shall make a hearing record of all the activities of the hearing, which shall be signed or sealed by the participants in the hearing. Refuse to sign or seal, specify the situation attached.

hearing materials (including hearing transcripts, audio recordings, video recordings, relevant evidence provided by the petition organizer and the petitioner) shall be filed by the department or unit holding the hearing.

article 27 after the hearing, the presiding hearer shall write a hearing report according to the hearing situation and submit it to the person in charge of the hearing organ as the main basis for handling the complaint reporting.

article 28 if a complainant fails to submit a written application for hearing within the time limit specified in these measures or fails to submit an application according to the regulations, he withdraws his application for hearing, fails to participate in the hearing without justifiable reasons, leaves without the permission of the presiding hearer during the hearing, or seriously violates the hearing discipline and does not listen to stop, it is deemed as giving up the right to hearing.

if one of the circumstances specified in the preceding paragraph is regarded as a waiver of the right to hearing, if the complainant requests a hearing again on the same facts and reasons of the complaint, it will not be accepted.

article 29 if a hearing has been held according to the application of the complainant, and the complainant has no evidence to prove that the hearing violates the provisions of these measures, it will not be accepted if he applies for a hearing on the complaint again with the same facts and reasons.

Article 3 If the administrative organ that has the right to handle the case fails to organize a hearing in accordance with the provisions of these Measures, its superior administrative organ shall order it to make corrections; If serious consequences are caused, the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions according to law.

Article 31 If the petition undertaker fails to attend the hearing or refuses to make a statement at the hearing without justifiable reasons, or provides false or wrong information at the hearing, the hearing organ or supervisory organ that organizes the petition shall give it to informed criticism; If the circumstances are serious, administrative sanctions shall be imposed.

Article 32 These Measures shall be interpreted by the Provincial Legislative Affairs Office and the Provincial Bureau for Letters and Calls.

article 33 these measures shall come into force as of the date of promulgation.