About Printing and Distributing the Commercial Password Field Illegal Clues
Notice on Measures for Handling Complaints and Reports (for Trial Implementation)
State Secrets Bureau 〔 twenty twenty-four 〕 one hundred and twenty-eight number
Password management of provinces, autonomous regions and municipalities directly under the Central Government department , Xinjiang Production and Construction Corps password management department ：
The Measures for Handling Complaints and Reports on Illegal Clues in the Field of Commercial Passwords (Trial) Printed and distributed to you, please combine with the actual work earnest Implement.
State Password Administration
two thousand and twenty-four year four month twelve day
(This document is publicly released)
Complaints and reports on illegal clues in the field of commercial passwords
place Rationale (Trial)
Article 1 by Has We will standardize the handling of complaints and reports about illegal clues in the field of commercial passwords and protect the legitimate rights and interests of citizens, legal persons and other organizations 、 Administrative Punishment Law of the People's Republic of China 、 These Measures are formulated in accordance with the Regulations on the Administration of Commercial Passwords and other laws and regulations.
Article 2 These Measures are applicable to complaints and reports of illegal clues in the field of commercial passwords handled by password management departments.
Article 3 Complaints and reports mentioned in these Measures refer to the reports made by citizens, legal persons or other organizations to the password management department All kinds Suspected of violating laws, regulations and rules in the field of commercial passwords, or administration Behaviors of normative document clues.
Article 4 National password The Administration is responsible for handling complaints and reports nationwide, guiding and supervising the handling of complaints and reports by local password management departments at all levels. The local password management departments at or above the county level shall be responsible for handling complaints and reports within their own administrative areas.
Article 5 The password management department shall handle complaints and reports in accordance with the law, fairness, efficiency and convenience civil Principles of And protect the legitimate rights and interests of complainants in accordance with the law 。
Article 6 Complaints and reports to the password management department shall be made through the channels open to the password management department for receiving complaints and reports.
The password management department shall disclose the laws, regulations, rules and administration Normative documents, and the telephone, fax E-mail Mailing address and other channels.
Article 7 The following information shall be provided if a complaint is made to the password management department ， And ensure authenticity, accuracy and integrity ：
（1） Name of the complainant ID card number (unified social credit code) Contact number and address ；
（2） Complaint reporter Name and address ；
（3） Specific complaints and reporting requests ；
（4） Specific facts, evidence or clue materials such as the cause of the event, the course of the dispute, and the progress.
If complaints and reports are made in non written form, the staff of the password management department shall record the provisions of the preceding paragraph Of Information.
Article 8 If a person entrusts another person to make a complaint or report on his behalf, in addition to the information specified in the first paragraph of Article 7 of these Measures, he shall also provide the original power of attorney and the identity certificate of the trustee.
The power of attorney shall specify the entrusted items, authority and time limit, and shall be signed (sealed) by the trustor.
Article 9 Complaints and reports shall be under the jurisdiction of the password management department in the place where the complaints and reports occur. Where laws, regulations and rules provide otherwise, such provisions shall prevail.
If two or more password management departments have jurisdiction, it shall be under the jurisdiction of the password management department that first accepts it. If the password management department finds that the complaints and reports received belong to the responsibility of the password management department but are not under the jurisdiction of the department, it shall inform the complainants to choose to complain to the password management department with jurisdiction or choose to be transferred by the department to the password management department with jurisdiction. The transferred password management department shall accept , cannot be transferred again 。
In case of dispute over jurisdiction, It shall start from the date of dispute seven Negotiate within working days If the negotiation fails, it shall be reported to the common password management department at the next higher level for designation of jurisdiction.
If the superior password management department deems it necessary, it can handle the complaints and reports received by the subordinate password management department, or assign the complaints and reports under the jurisdiction of the subordinate password management department to other subordinate password management departments. The lower level password management department thinks that it is necessary for the higher level password management department to handle the complaints received by the department report Can be reported to the superior password management department for decision.
Article 10 The complainant has different facts, reasons and request Complaints and reports against the same object for many times may be consolidated.
two If more than complainants report the same object based on the same cause, they can be treated as joint complaints and reports.
Article 11 The password management department starts from the date of receiving the complaint fifteen Review complaints and reports within working days check , which shall be handled according to the following conditions:
(I) If the application materials are complete in content and conform to the prescribed form, the decision to accept the complaint shall be made and the complainant shall be informed 。
(II) If the content of the application materials is incomplete or does not conform to the prescribed form, the applicant shall five Inform the complainant of all materials that need to be supplemented and corrected in one time within working days 。 The complainant shall Received since inform From fifteen Supplementary submission of relevant materials within a day ， Acceptance review check Term from Password management department Calculated from the date of receipt of complete materials 。 If the complainant fails to make up within the time limit, it shall be deemed as giving up the complaint.
（3） Under any of the following circumstances Make inadmissible Complaints Report Inform the complainant and explain the reasons ：
one ． Complaints and reports are not the responsibility of the password management department, or the password management department does not have the authority to deal with them;
two ． Complaints and reports have been handled according to law, and repeated complaints and reports on the same fact or reason without new evidence or clues;
three ． The people's court, arbitration institution, other administrative organ or legally established mediation organization has accepted or handled the complaint;
four ． Unless otherwise specified by law, complaints and reports happen More than two Years;
five ． Other circumstances under which the application is not accepted according to laws, regulations and rules.
tenth two strip The password management department is difficult to accept due to the transfer of jurisdiction, designated jurisdiction, etc Audit check If the decision on whether to accept is made within the time limit, the acceptance can be extended with the approval of the person in charge of the password management department or the authorized person in charge Audit check Term, the extended term shall not exceed five Working days. extend Acceptance Audit check If the time limit is set, the complainant shall be informed and the reasons shall be explained 。
Article 13 Complaints and reports shall be based on facts and carried out according to law. Falsely accuse and frame others in the name of complaints and reports, or Infringe the legitimate rights and interests of others Of, Investigate relevant legal responsibilities according to law 。
Article 14 The password management department shall investigate and verify the complaints and reports accepted in a timely manner.
Complaints Report party and Relevant personnel shall answer truthfully Password management department Ask, and coordination verify through investigation work 。
Article 15 The password management department and its staff shall have access to the business secrets, personal privacy, and information of the complaint informant that they have learned in handling complaints strict Confidentiality shall not be disclosed or illegally provided to others.
Article 16 The password management department shall start from the date of acceptance ninety Daily office junction Complaints and reports. Complaints and reports are complicated and difficult to report ninety Daily office junction The time limit for processing can be extended with the approval of the person in charge of the password management department or the authorized person in charge, and the extension period shall not exceed thirty Day. If the time limit for handling the case is extended, the complainant shall be informed and the reasons shall be explained. Where laws, regulations and rules provide otherwise, such provisions shall prevail.
For complaints and reports that are subject to Article 10 of these Measures, the handling period starts from the last time the password management department accepted them.
Detection, identification technology Review and involvement relevant The time required for the department to assist in the investigation is not included in the processing period 。
Article 17 Password management department stay In the process of handling complaints and reports, if any illegal situation is found that should be subject to administrative punishment according to law, it shall be handled in accordance with the relevant provisions of administrative punishment 。
Article 18 Complaints Report Completion After that, the password management department shall inform the complainant of the relevant handling results.
Article 19 The password management departments of provinces, autonomous regions and municipalities directly under the Central Government shall to annually one month thirty-one The day before Submit to the State Password Administration Last year Implementation of complaints and reports in the region.
Article 20 The staff of the password management department abuses their power, neglects their duties, engages in malpractices for personal gain, or divulges or illegally provides business secrets, personal privacy complaint Informant information, Investigate relevant legal responsibilities according to law 。
Article 21 The Measures are not applicable to consultation, government information disclosure application, administrative reconsideration application, petition, disciplinary inspection and supervision reporting and accusation and other activities in the form of complaints and reports, and the password management department can inform them to put forward through corresponding channels.
twentieth two strip The Measures are from two thousand and twenty-four year six month one Effective from.
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