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The Central Committee of the Communist Party of China and the State Council issued the Regulations on Letters and Calls

The Central Committee of the Communist Party of China and the State Council issued the Regulations on Letters and Calls

Release time: April 7, 2022 16:32  |  Source: Xinhuanet

Regulations on Letters and Calls

(The meeting of the Political Bureau of the CPC Central Committee on January 24, 2022 reviewed and approved, and issued by the CPC Central Committee and the State Council on February 25, 2022)

general provisions

Article 1 These Regulations are formulated in order to uphold and strengthen the Party's overall leadership over the complaint reporting work, do a good job in the complaint reporting work in the new era, and maintain the close contact between the Party and the government and the people.

Article 2 These Regulations are applicable to the complaint reporting work carried out by Party organs, people's congresses, administrative organs, CPPCC organs, supervisory organs, judicial organs, procuratorial organs, mass organizations, state-owned enterprises and institutions at all levels.

Article 3 The complaint reporting work is an important part of the Party's mass work, an important work for the Party and the government to understand the situation of the people, gather their wisdom, safeguard their interests and rally their hearts, and an important way for organs, units and their leading cadres and staff at all levels to accept the supervision of the masses and improve their work style.

Article 4 The complaint reporting work shall adhere to the guidance of Marxism Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, implement the important thought of General Secretary Xi Jinping on strengthening and improving the people's complaint reporting work, strengthen the "Four Consciousness", and strengthen the "Four Self Confidence" To achieve "two safeguards", keep in mind the political responsibility of solving problems for the people and sharing the concerns of the Party, stick to the feelings of the people, adhere to the bottom line thinking and the rule of law thinking, serve the overall situation of the work of the Party and the state, safeguard the legitimate rights and interests of the masses, resolve prominent problems in letters and visits, and promote social harmony and stability.

Article 5 The complaint reporting work shall follow the following principles:

(1) Adhere to the overall leadership of the Party. Implement the leadership of the Party in all aspects and the whole process of the petition work to ensure the correct political direction.

(2) Adhere to the people as the center. Practice the Party's mass line, listen to the voice of the masses, care about the sufferings of the masses, and do everything possible to solve their problems.

(3) Adhere to the responsibility of complaint reporting. The Party and the government share the same responsibility, one post has two responsibilities, territorial management, hierarchical responsibility, who is in charge, who is responsible.

(4) Adhere to solving problems according to laws and policies. We will bring letters and visits into the track of rule of law, safeguard the rights and interests of the masses according to law, and standardize the order of letters and visits.

(5) Adhere to source governance to resolve conflicts. We should take multiple measures and implement comprehensive policies, focus on source prevention and front-end resolution, and resolve conflicts and disputes that may cause complaints at the grass-roots level and in the bud.

Article 6 Organs and units at all levels shall unblock the channels for complaint reporting, do a good job in complaint reporting, seriously handle complaint reporting matters, listen to the suggestions, opinions and requirements of the people, accept the supervision of the people, and serve the people.

Chapter II Working System of Letters and Calls

Article 7 Adhere to and strengthen the Party's overall leadership over the complaint reporting work, and build a pattern of complaint reporting work under the unified leadership of the Party Committee, the implementation of the government organization, the coordination of the joint meeting of the complaint reporting work, the promotion of the complaint reporting department, and the joint management of all parties.

Article 8 The CPC Central Committee shall strengthen the unified leadership over the complaint reporting work:

(1) Strengthen political guidance, establish the political direction and principles of the petition work, and strictly observe political discipline and rules;

(2) Formulate guidelines and policies for complaint reporting, study and deploy major reform measures related to the overall work of the Party and the state, social harmony and stability, and the protection of the rights and interests of the masses in complaint reporting;

(3) To lead the construction of a high-quality professional petition work team that is loyal and reliable to the Party, scrupulously abides by the responsibility for the people, and is good at doing mass work, so as to provide organizational guarantee for the petition work.

Article 9 The local Party committee shall lead the complaint reporting work in the region, implement the guidelines and policies of the Party Central Committee on complaint reporting work and the decision-making and deployment, implement the deployment requirements of the superior Party organization on complaint reporting work, coordinate the construction of the responsibility system for complaint reporting work, support and supervise the subordinate Party organizations to do a good job in complaint reporting work.

The standing committees of local Party committees should regularly listen to the reports on the work of letters and visits, analyze the situation, deploy tasks, study major issues and solve outstanding problems.

Article 10 The governments at all levels shall implement the deployment requirements of the party committees and governments at higher levels and the party committees at the same level on the complaint reporting work, make scientific and democratic decisions, perform their duties according to law, organize all parties to strengthen the investigation and resolution of conflicts and disputes, properly handle complaint reporting matters in a timely manner, and study and solve prominent problems of policy and group complaint reporting and difficult and complex complaint reporting problems.

Article 11 Under the leadership of the Party Central Committee and the State Council, the Central Joint Conference on Complaint Reporting shall be responsible for the overall coordination, overall promotion and supervision of the implementation of the nationwide complaint reporting work, and shall perform the following duties:

(1) Research and analyze the national petition situation to provide reference for the central decision-making;

(2) Urge the implementation of the guidelines, policies and decisions of the CPC Central Committee on complaint reporting;

(3) To study major issues and matters concerning the reform of the petition system and the construction of the rule of law;

(4) Research and deploy key tasks, coordinate and guide the solution of outstanding problems of universal letters and visits;

(5) Lead and organize the implementation of the letter and visit work responsibility system, supervision and assessment;

(6) To guide the work of the joint meeting of local petition work at all levels;

(7) To undertake other tasks assigned by the CPC Central Committee and the State Council.

The Central Joint Meeting on Letters and Calls shall be convened by the leading comrades of the Party Central Committee, the State Council and the responsible comrades of the relevant departments, and the responsible comrades of the member units shall attend. The Office of the Central Joint Conference on Letters and Calls is located in the National Letters and Calls Bureau, which undertakes the daily work of the joint conference and supervises and inspects the implementation of the matters agreed at the joint conference.

Article 12 The Central Joint Meeting on Complaint Reporting shall convene a plenary meeting or a working meeting according to work needs. To study the major issues related to the reform and development of the petition work and the handling opinions of important petition matters, the Party Central Committee and the State Council shall timely ask for instructions and reports.

Each member unit of the Joint Meeting of the Central Committee on Letters and Calls shall implement the work tasks and agreed items determined by the Joint Meeting and report the implementation in a timely manner; Timely submit major and sensitive letters and visits in this field to the joint meeting for research.

Article 13 Under the leadership of the party committee and the government at the corresponding level, the local joint conference of petition work at all levels shall be responsible for the overall coordination, overall promotion, supervision and implementation of the local petition work, coordinate the handling of important petition issues in the region, and guide the work of the joint conference of petition work at lower levels. The convener of the joint meeting is generally the leading comrades of the Party committee and the government.

The local party committee and government should adjust the member units in a timely manner according to the situation and tasks of the petition work, improve the rules and regulations, establish and improve the working mechanisms for the analysis, research and judgment of petition information, coordination and handling of major petition issues, joint supervision and inspection, and improve the scientific, institutionalized and standardized level of the work of the joint meeting.

According to work needs, township party committees and governments, sub district party working committees and offices can establish a joint conference mechanism for petition work, or make it clear that the joint conference of the party and government will regularly study the petition work in the region and coordinate the handling of important petition issues in the region.

Article 14 Party committees at all levels and government complaint reporting departments are specialized agencies to carry out complaint reporting work and perform the following duties:

(1) Accepting, transferring and handing over matters of letters and visits;

(2) Coordinate and solve important complaint problems;

(3) Supervise and inspect the handling and implementation of important petition matters;

(4) Comprehensively reflect the petition information, analyze and judge the petition situation, and provide decision-making reference for the Party committee and the government;

(5) To guide the complaint reporting work of other organs, units and subordinates at the same level;

(6) Put forward suggestions on improving work, policies and accountability;

(7) Undertake other tasks assigned by the Party committee and the government at the same level.

Party committees at all levels and other organs and units other than government complaint reporting departments shall, according to the situation and tasks of complaint reporting work, specify the institutions or personnel responsible for complaint reporting work, refer to the responsibilities of the Party committees and government complaint reporting departments, and define the corresponding responsibilities.

Article 15 Party committees at all levels and other organs and units other than the government should do a good job in the complaint reporting work within the scope of their respective responsibilities, accept and handle complaint reporting matters in a timely manner according to the provisions, prevent and resolve policy and group complaint reporting issues, and strengthen the guidance of the complaint reporting work of lower level organs and units.

Organs and units at all levels should broaden the institutionalized channels for social forces to participate in the petition work, give play to the role of mass organizations, social organizations, "two representatives and one member", social workers, etc., reflect the opinions and requirements of the masses, guide the masses to rationally reflect their demands according to law, safeguard their rights and interests, and promote the timely and effective resolution of conflicts and disputes.

Township Party committees and governments, sub district Party working committees and offices, and village (community) "two committees" should fully play their roles, adhere to and develop the "Maple Bridge experience" in the new era, actively coordinate and resolve local complaints and disputes, and strive to keep small things from going out of the village, big things from going out of the town, and contradictions from being handed over.

Article 16 Party committees and governments at all levels should strengthen the construction of complaint reporting departments, select the best and strengthen the leading group, equip the working force appropriate to the situation and tasks, establish and improve the system of complaint reporting supervisors, and build a high-quality and professional team of complaint reporting cadres. The main responsible comrades of the Party committees and government complaint reporting departments at all levels shall be the Deputy Secretary General [Deputy Director of the General Office (Office)] of the Party committees or governments at the same level.

Party schools (administrative colleges) at all levels should incorporate petition work into teaching and training as part of Party spirit education, and strengthen cadre education and training.

The organs and units at all levels shall establish and improve the system of young cadres and newly recruited cadres exercising at the posts of complaint reporting.

Party committees and governments at all levels shall provide necessary support and guarantee for the complaint reporting work, and the necessary funds shall be included in the budget at the corresponding level.

Chapter III Submission and Acceptance of Complaints

Article 17 Citizens, legal persons or other organizations may report the situation to the organs and units at all levels and put forward suggestions, opinions or complaints in the form of information networks, letters, telephone calls, faxes, visits, etc., and the relevant organs and units shall handle them according to regulations and laws.

Citizens, legal persons or other organizations that reflect the situation and make suggestions, opinions or complaints in the form specified in the preceding paragraph are called complainants.

Article 18 Organs and units at all levels shall publish online complaint reporting channels, mailing addresses, telephone numbers for consultation and complaints, time and place of complaint reporting reception, ways of inquiring about the progress of handling complaint reporting matters and results and other relevant matters to the public, and publish intra party regulations, laws, regulations and rules related to complaint reporting work at their complaint reporting reception sites or websites, Procedures for handling complaint reporting matters, as well as other matters related to facilitating the complainant.

Leading cadres of organs and units at all levels should read and handle letters and online letters and visits from the masses, receive regular visits from the masses, and make regular visits to resolve outstanding problems strongly reflected by the masses.

Party committees and governments at the municipal and county levels should establish and improve the working mechanism of joint visits, organize relevant organs and units to receive joint visits according to work needs, and solve the problem of letters and visits in a one-stop manner.

No organization or individual may retaliate against the complainant.

Article 19 A complainant shall generally submit the complaint reporting matter in writing, and state his name, address, request, facts and reasons. The relevant authorities and units shall truthfully record the complaint reporting matters raised orally.

A complainant shall be objective and truthful when presenting a complaint, be responsible for the authenticity of the content of the materials provided by him, and shall not fabricate or distort the facts, or falsely accuse or frame up others.

If a complaint has been accepted or is being handled, and the complainant submits the same complaint to the higher authorities or units of the accepting and handling authorities or units within the prescribed time limit, the higher authorities or units will not accept it.

Article 20 If a complainant submits a complaint reporting matter in the form of a personal visit, he or she shall submit the matter to a reception place established or designated by the organ or unit at the same level or at the next higher level that has the right to handle it.

Petitioners who propose complaint matters involving litigation rights relief in the form of visits shall submit them to the relevant political and legal departments in accordance with the procedures prescribed by laws and regulations.

If more than one person proposes a common complaint reporting matter in the form of visits, representatives shall be elected, and the number of representatives shall not exceed 5.

Organs and units at all levels should implement their territorial responsibilities, conscientiously receive and handle people's visits, solve problems locally, and guide complainants to report problems on the spot.

Article 21 Party committees and governments at all levels should strengthen the informatization and intelligent construction of the complaint reporting work, and orderly promote the interconnection and information sharing of the complaint reporting information system according to regulations and laws.

The authorities and units at all levels shall record the complaint reporting matters into the complaint reporting information system in a timely manner, so that online complaint reporting, letters, visits and calls can be circulated online, facilitating the inquiry and evaluation of complaint reporting matters by the complainant.

Article 22 Party committees at all levels and government complaint reporting departments shall register the complaint reporting matters received, and deal with them in the following ways within 15 days according to the circumstances:

(1) If a decision is made by an organ or unit at the same level or its working department according to its duties, it shall be forwarded to the organ or unit that has the power to handle it; If the situation is serious or urgent, suggestions shall be put forward in time and submitted to the Party committee and the government at the corresponding level for decision.

(2) If lower level organs, units or their staff members are involved, they shall be transferred to the competent organs and units in accordance with the principle of "territorial management, hierarchical responsibility, who is in charge, who is responsible".

(3) If it is necessary to give feedback on the handling results of the important circumstances in the matter of transferring a petition, it may be handed over to the competent authorities or units for handling, requiring them to give feedback on the results within the specified handling period and submit a completion report.

Party committees at all levels and government complaint reporting departments shall transfer the received letters related to law and litigation to the political and legal departments at the same level for handling according to law; As for the complainants who visit and report litigation related issues, they should explain the law and reason, and guide them to report issues to the relevant political and legal departments. For complaint reporting matters accepted by the discipline inspection and supervision organ, they shall be transferred to the relevant discipline inspection and supervision organ according to the administrative authority for handling in accordance with regulations and disciplines.

Article 23 Any organ or unit other than the party committee and the government complaint reporting department shall register the complaint reporting matters directly raised by the complainant; If it falls within the scope of the functions and powers of its own organ or unit, it shall inform the complainant of the reception and handling methods and procedures; If it falls within the scope of the functions and powers of the subordinate organs and units of the system, it shall transfer and hand over the organs and units that have the authority to deal with it, and inform the complainants of the whereabouts of the transfer and hand over; If the complaint is not within the scope of the authority of the organ, unit or system, the complainant shall be informed to submit it to the organ or unit that has the authority to deal with it.

If the relevant organ or unit can inform the complainant on the spot of the complaint reporting matter directly raised by the complainant, it shall inform the complainant in writing on the spot; If it is impossible to inform the complainant on the spot, it shall notify the complainant in writing within 15 days from the date of receiving the complaint, except that the name (name) and address of the complainant are unclear.

If the complaint matters transmitted and handled by the Party committee and government complaint reporting departments or the superior organs and units of the system fall within the scope of their functions and powers, the relevant organs and units shall, within 15 days from the date of receipt, inform the complainants in writing of the reception, handling methods and procedures; If it does not fall within the scope of the authority of the organ, unit or system, the relevant organ or unit shall raise an objection within 5 working days from the date of receipt, explain the reasons in detail, and return the relevant materials after verification and consent of the complaint reporting department or the superior organ or unit.

The notification of the political and legal departments to deal with matters involving litigation rights relief, and the disciplinary inspection and supervision organs to deal with matters related to reporting and accusation shall be implemented in accordance with the relevant provisions.

Article 24 Complaints concerning two or more organs or units shall be accepted through consultation by the organs or units concerned; If there is a dispute over the acceptance, the organ or unit at the same higher level shall decide the organ to accept the dispute; If there is a dispute and there is no common superior organ or unit, it shall be coordinated and handled by the joint meeting of the complaint reporting work.

If the organ or unit that should deal with the complaint reporting matter is divided, merged or dissolved, the organ or unit that continues to exercise its functions and powers shall accept it; If the responsibilities are unclear, the party committee and government at the same level or the organs and units designated by them shall accept the case.

Article 25 Organs and units at all levels shall timely report major and urgent complaint reporting matters and complaint reporting information that may cause social impact to the party committee and government at the same level, notify the relevant competent departments and the office of the joint conference on complaint reporting work at the same level, and take timely measures according to law within the scope of responsibilities to prevent the occurrence and expansion of adverse effects.

Local Party committees at all levels and government complaint reporting departments shall report major and urgent complaint reporting matters and information to the complaint reporting department at the next higher level, and at the same time report to the National Bureau of Complaints.

Article 26 In the process of complaint reporting, complainants shall abide by laws and regulations, shall not damage the interests of the state, society and the collective and the legitimate rights of other citizens, consciously maintain public order and complaint reporting order, and shall not commit any of the following acts:

(1) Illegally gather around the offices of government organs and units or in public places, block up or attack government organs and units, intercept official vehicles, or block or block traffic;

(2) Carrying dangerous goods and controlled equipment;

(3) Insult, beat or threaten the staff of organs or units, illegally restrict the personal freedom of others, or destroy property;

(4) Staying in the petition reception place, causing trouble, or leaving people who cannot take care of themselves in the petition reception place;

(5) Incitement, collusion, coercion, inducement with property, manipulation of others' letters and visits behind the scenes, or taking advantage of letters and visits to make money;

(6) Other acts that disrupt public order and jeopardize national and public security.

Chapter IV Handling of Complaints

Article 27 Organs, units and their staff at all levels shall, in accordance with their respective duties and relevant regulations, and in accordance with the requirements for reasonable solutions to problems, unreasonable ideological education, assistance and relief for people with difficulties in life, and legal treatment for violations of laws and regulations, promptly and locally address the legitimate and reasonable demands of the masses according to laws and policies, and maintain the normal order of petition letters.

Article 28 When handling complaint reporting matters, the authorities, units and their staff at all levels shall scrupulously abide by their duties, act impartially, find out the facts, distinguish responsibilities, strengthen education and persuasion, and deal with them properly in a timely manner. No prevarication, perfunctory or delay is allowed.

Organs and units at all levels shall, in accordance with the requirements of the separation system of litigation and petition, separate the petition matters involving civil, administrative, criminal and other litigation rights from the ordinary petition system, and the relevant political and legal departments shall handle them according to law.

If the staff of organs and units at all levels have a direct interest in the complaint reporting matter or the complainant, they shall withdraw.

Article 29 The authorities and units that have the right to deal with matters such as the information reported by the complainants and their suggestions and opinions shall carefully study and demonstrate them. If it is scientific, reasonable and realistic, it shall be adopted or partially adopted, and a reply shall be given.

Those who have contributed to the national economic and social development or to the improvement of work and the protection of social and public interests through the information reflected and suggestions put forward by the complainants shall be rewarded in accordance with the relevant provisions.

Party committees and governments at all levels should improve the system of soliciting people's suggestions, and take the initiative to listen to the suggestions and opinions of the masses for important work involving the national economy and the people's livelihood.

Article 30 The discipline inspection and supervision organ or the organ or unit that has the power to deal with the accusation matters proposed by the complainants shall receive, accept, handle and feed back in accordance with regulations and disciplines.

The party committee and the government's complaint reporting department shall, according to the cadre management authority, notify the organization (personnel) department of the complaint reporting situation that reflects the cadre's problems, and submit major information to the main comrades in charge of the party committee and the comrades in charge of the organization (personnel) work. The organization (personnel) department shall handle the matter in accordance with the relevant provisions on the supervision of cadre selection and appointment.

It is not allowed to disclose or transfer the informant's information and relevant information to the person or unit being reported or exposed.

Article 31 With regard to the matters of appeal and decision proposed by the complainants, the authorities and units that have the right to deal with them shall, according to the circumstances, handle them in the following ways:

(1) If it should be handled through judicial proceedings or reconsideration procedures, criminal filing procedures of procuratorial organs, or legal supervision procedures, or legal procedures of public security organs, and if the complaint reporting matters related to law and litigation have not been concluded according to law, it shall be handled in accordance with the procedures prescribed by laws and regulations.

(2) If it should be settled through arbitration, it shall be imported into corresponding procedures for processing.

(3) If it can be solved through party member's appeal, application for reexamination, etc., it shall be imported into corresponding procedures for processing.

(4) If it can be solved through administrative procedures such as administrative reconsideration, administrative adjudication, administrative confirmation, administrative license, administrative penalty, etc., it shall be introduced into the corresponding procedures for processing.

(5) Those who apply to investigate and deal with illegal acts or perform the duty of protecting the legal rights and interests such as personal rights or property rights shall perform or reply according to law.

(6) If the above circumstances do not apply, the complainant shall be heard to state the facts and reasons, investigated and verified, and a complaint handling opinion shall be issued. Hearing may be held for major, complex and difficult complaint reporting matters.

Article 32 The complaint handling opinion shall clearly state the complainant's complaint request, facts and reasons, handling opinion and legal and regulatory basis:

(1) The request shall be supported if the facts are clear and conform to laws, regulations, rules or other relevant provisions;

(2) If the cause of the request is reasonable but lacks legal basis, an explanation shall be given;

(3) If the request lacks factual basis or does not conform to laws, regulations, rules or other relevant provisions, it shall not be supported.

If the organ or unit that has the power to handle the complaint reporting request makes a suggestion in support of the complaint reporting request, it shall urge the relevant organ or unit to implement it; If they do not support the complaint, they should do a good job in persuading and educating the complainants.

Article 33 In the process of handling appeals and decisions, organs and units at all levels may, within the scope of their discretion and without violating the mandatory provisions of policies and regulations, mediate with the consent of both parties to the dispute; The parties to the dispute can be guided to reconcile voluntarily. If an agreement is reached through mediation or conciliation, a mediation agreement or conciliation agreement shall be prepared.

Article 34 The complaint reporting matters specified in Item 6 of Article 31 of these Regulations shall be completed within 60 days from the date of acceptance; If the situation is complicated, the handling period may be appropriately extended with the approval of the responsible person of the organ or unit, but the extension period shall not exceed 30 days, and the complainant shall be informed of the reasons for the extension.

Article 35 If the complainant is not satisfied with the handling opinions of the complaint reporting, he may, within 30 days from the date of receiving the written reply, request the authorities or units at the next higher level of the original handling authority or unit to recheck. The organ or unit receiving the request for reexamination shall, within 30 days from the date of receiving the request for reexamination, put forward reexamination opinions and give a written reply.

Article 36 If the complainant is not satisfied with the reexamination opinions, he or she may, within 30 days from the date of receiving the written reply, request a reexamination to the reexamination organ or the higher level organ or unit of the reexamination organ or unit. The organ or unit that receives the request for reexamination shall put forward reexamination opinions within 30 days from the date of receiving the request for reexamination.

The review organ or unit may hold a hearing in accordance with Item 6 of Article 31 of these Regulations, and the review opinions after the hearing may be publicized to the public according to law. The time required for the hearing shall not be counted into the time limit prescribed in the preceding paragraph.

If the complainant is not satisfied with the review opinion and still makes a complaint with the same fact and reason, the party committees and government complaint departments at all levels and other organs and units will no longer accept it.

Article 37 Organs and units at all levels should adhere to the principle of diversified prevention, mediation and resolution of social conflicts and disputes, the linkage of people's mediation, administrative mediation and judicial mediation, and take multiple measures to resolve conflicts and disputes by comprehensively using legal, policy, economic, administrative and other means, as well as education, consultation and mediation.

When handling complaint reporting matters, the authorities and units at all levels may inform or help the complainants who have real difficulties in life to apply to the relevant authorities or institutions for social assistance according to law. If the conditions for judicial assistance of the State are met, the relevant political and legal departments shall give judicial assistance in accordance with regulations.

Local Party committees and governments, as well as grass-roots Party organizations and grass-roots units, should do a good job of persuasion and education, conflict resolution, assistance and relief for the relevant complainants who have reviewed and reviewed the complaint reporting matters and concluded the legal and litigation related complaint reporting matters according to law.

Chapter V Supervision and Accountability

Article 38 Party committees and governments at all levels shall organize special supervision and inspection on the implementation of complaint reporting work and responsibilities.

The joint meeting of complaint reporting work and its office, the party committee and the government complaint reporting department shall carry out supervision and inspection according to the work needs, feed back the problems found to the relevant local authorities and departments, and report important problems to the party committee and the government at the same level.

Party committees and government supervision departments at all levels should include difficult and complicated complaint reporting issues in the scope of supervision.

Article 39 Party committees and governments at all levels should take the timely and local settlement of complaint reporting issues in accordance with regulations and laws as the guidance, and assess the complaint reporting work every year. The assessment results shall be reported within an appropriate range and serve as an important reference for the comprehensive assessment and evaluation of the leadership and relevant leading cadres.

The organs, units or individuals that have made outstanding achievements and contributions in the work of complaint reporting may be commended and rewarded in accordance with relevant regulations.

For the leading group and leading cadres who fail to perform their duties effectively and have serious problems in the complaint reporting work, the joint meeting of the complaint reporting work shall, depending on the seriousness of the case, conduct an interview, circulate a notice, and supervise the handling of the complaint reporting work, and order them to rectify within a time limit.

Article 40 If the party committee and the government complaint reporting department find that the relevant organs and units have violated the provisions of the complaint reporting work in accepting and handling complaint reporting matters, evading, perfunctory, delaying, practicing fraud or refusing to implement the complaint reporting handling opinions, they shall supervise the handling in a timely manner and put forward suggestions for improving the work.

The relevant policy problems found in the work shall be reported to the party committee and the government at the same level in a timely manner, and suggestions for improving the policy shall be put forward.

For those organs, units and their staff members who have serious consequences due to prevarication, perfunctory, delay and fraud in the complaint reporting work, they should put forward suggestions to the organs and units with administrative authority to investigate their responsibilities.

The relevant departments and units shall give written feedback on the adoption of the suggestions put forward by the complaint reporting departments for improvement, policy improvement and accountability.

Article 41 The party committee and the government complaint reporting department shall prepare an annual report on the complaint reporting situation and report to the party committee at the same level and the government, the party committee at the next higher level and the government complaint reporting department every year. The annual report shall include the following contents:

(1) Data statistics of complaint reporting matters, the fields involved in complaint reporting matters, and the organs and units with more complaints;

(2) Transfer, assignment and supervision of the Party Committee and the government's petition department;

(3) The Party Committee and the government's petition department put forward suggestions for improvement, policy improvement, accountability and adoption;

(4) Other matters that should be reported.

According to the needs of the inspection and patrol work, the party committee and the government's complaint reporting department should provide the inspection and patrol organization with information about the complaint reporting of the area under inspection and patrol, the unit leadership and its members and the main responsible person at the lower level, implement the responsibility system for the complaint reporting work, important complaint reporting problems with signs and tendencies, and important complaint reporting matters that need attention in the inspection and patrol work.

Article 42 If any of the following circumstances leads to the occurrence of a complaint reporting matter and causes serious consequences, the directly responsible person in charge and other directly responsible persons shall be dealt with seriously in accordance with regulations, disciplines and laws; If a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Exceeding or abusing power, infringing upon the legitimate rights and interests of citizens, legal persons or other organizations;

(2) Should act but not act, infringing upon the legitimate rights and interests of citizens, legal persons or other organizations;

(3) Infringement of the legitimate rights and interests of citizens, legal persons or other organizations due to wrong application of laws and regulations or violation of legal procedures;

(4) Refusing to implement the opinions in support of the petition made by the competent authorities and units.

Article 43 If the party committees at all levels and the complaint reporting departments of the government fail to register, transmit or hand over the complaint reporting items that should be registered, transmitted or handed over, or fail to perform their duties of supervision, the higher authorities shall order them to make corrections; If serious consequences are caused, the directly responsible person in charge and other directly responsible persons shall be severely punished according to regulations and disciplines.

Article 44 In any of the following circumstances, the organ or unit responsible for handling complaint reporting matters shall be ordered to make corrections by its superior organ or unit; If serious consequences are caused, the directly responsible person in charge and other directly responsible persons shall be dealt with seriously according to laws and regulations:

(1) Failing to register the complaint matters received as required;

(2) The complaint reporting matters within the scope of its authority shall not be accepted;

(3) Failing to inform the complainant in writing whether to accept the complaint within the specified time limit.

Article 45 In any of the following circumstances, the organ or unit that has the power to handle complaint reporting matters shall be ordered to make corrections by its superior organ or unit; If serious consequences are caused, the directly responsible person in charge and other directly responsible persons shall be dealt with seriously according to laws and regulations:

(1) Prevarication, perfunctory, delay in handling complaint reporting matters or failure to complete complaint reporting matters within the prescribed time limit;

(2) The complaint request that is clear about the facts and conforms to laws, regulations, rules or other relevant provisions is not supported;

(3) Inadequate attention and implementation of suggestions on improving work and policies put forward by the Party Committee and the government's letter and visit departments have resulted in the problem not being solved for a long time;

(4) Other circumstances of failing to perform or improperly performing the duties of handling complaint reporting matters.

Article 46 In any of the following circumstances, the relevant organs, units and their leading cadres and staff members shall be ordered to make corrections by their superior organs or units; If serious consequences are caused, the directly responsible person in charge and other directly responsible persons shall be severely punished according to regulations and disciplines; If a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Bad attitude and rough style towards the complainants, damaging the relationship between the party and the masses;

(2) In the process of handling letters and visits, they seek personal gain;

(3) Inadequate handling of large-scale group visits and negative public opinions led to the expansion of the situation;

(4) Concealment, false report or delayed report of major and urgent petition matters and petition information that may cause social impact, or failure to take necessary measures in a timely manner according to law;

(5) Disclose and transfer the complainant's accusation and exposure materials or relevant information to the person or unit being reported or exposed;

(6) Retaliate against the complainant;

(7) Other violations of laws and disciplines.

Article 47 Where a complainant violates the provisions of Articles 20 and 26 of these Regulations, the staff of the relevant organs or units shall dissuade, criticize or educate him.

If a complainant causes trouble and disturbs order, or pesters a complainant to make a visit, which is serious enough to constitute a violation of public security administration, or violates laws and regulations related to assembly, procession and demonstration, the public security organ shall take necessary on-site disposal measures and impose public security administration penalties according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

If the complainant fabricates and distorts the facts, falsely accuses and frames others, which constitutes a violation of public security administration, he shall be given a public security administration punishment according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 48 Complaints from foreigners, stateless persons and foreign organizations shall be handled with reference to these Regulations.

Article 49 These Regulations shall be interpreted by the National Bureau of Letters and Calls.

Article 50 These Regulations shall come into force as of May 1, 2022.