Decree of the State Council of the People's
Republic of China
No. 431
Regulations on Letters and
Visits, adopted at the 76th Executive Meeting of the State Council on January 5,
2005, are hereby promulgated and shall be effective as of May 1,
2005.
Premier Wen
Jiabao
January 10, 2005
Regulations on Letters and Visits
(Adopted at the 76th
Executive Meeting of the State Council on January 5, 2005, promulgated by Decree
No. 431 of the State Council of the People's Republic of China on January 10,
and effective as of May 1, 2005)
Chapter I General Provisions
Article 1 These Regulations
are formulated for the purposes of enhancing relations between the people's
governments at all levels and the people, protecting the lawful rights and
interests of letter-writers and visitors, and maintaining a good order in
letter-writing and visiting.
Article 2 The term "letters
and visits" in these Regulations means that citizens, legal persons or other
organizations give information, make comments or suggestions or lodge complaints
to the people's governments at all levels and the relevant departments of the
people's governments at or above the county level through correspondence,
E-mails, faxes, phone calls, visits, and so on, which are dealt with by the
relevant administrative departments according to law.
A citizen, legal person or
any other organization that gives information, makes comments or suggestions or
lodges complaints by such means as prescribed in the preceding paragraph is
defined as a letter-writer or visitor.
Article 3 The people's
governments at all levels and the relevant departments of the people's
governments at or above the county level shall effectively handle letters and
visits by conscientiously dealing with letters, receiving visitors, heeding
people's comments, suggestions and complaints and accepting their supervision,
so that the people's interests are best served.
The people's governments at
all levels and the relevant departments of the people's governments at or above
the county level shall keep free-flowing channels for letter-writers and
visitors and provide convenience for the letter-writers or visitors who give
information, make comments or suggestions, or lodge complaints by such means as
prescribed in these Regulations.
No organization or
individual may retaliate against letter-writers or visitors.
Article 4 The work
regarding letters and visits shall be done under the leadership of the people's
governments at all levels and in adherence to the principles of territorial
jurisdiction, responsibilities assumed at different levels, the department in
charge being the department responsible and combination of the need to solve
problems lawfully, timely and locally with persuasion.
Article 5 The people's
governments at all levels and the relevant departments of the people's
governments at or above the county level shall make policy decisions in a
scientific and democratic manner, perform their duties according to law and
prevent contradictions and disputes at source from leading to letters and
visits.
Any people's government at
or above the county level shall establish a work pattern for letters and visits
characterized by unified leadership, coordination among different departments,
overall planning and all-round consideration, seeking both temporary and
permanent solution, each assuming its own responsibilities and joining efforts
with others for the common goal, and it shall resolve contradictions and
disputes in a timely manner by holding joint meetings and setting up a mechanism
for making investigation and coordination and handling letters and visits and a
working system of supervision in this respect.
Responsible persons of the
people's governments at all levels and the relevant departments of the people's
governments at or above the county level shall read letters for important issues
and give written instructions on them, receive visitors for important issues,
listen to reports on the work regarding letters and visits, and study and solve
overriding problems in such work.
Article 6 Any people's
government at or above the county level shall set up a department for letters
and visits. The relevant department of the people's government at or above the
county level and the people's government of the town or township shall,
according to the principles of facilitating work and creating convenience for
letter-writers and visitors, respectively assign a unit responsible for the work
regarding letters and visits (hereinafter referred to as the unit for letters
and visits) or individuals the specific reasonability for work in this
field.
The department for letters
and visits of the people's government at or above the county level is the
administrative department of the people's government at the corresponding level
which is responsible for the work regarding letters and visits and performs the
following duties:
(1) to accept the
letter-or-visit matter presented by a letter-writer or visitor, transmit it to
another organ, or assign another organ to handle it;
(2) to handle the
letter-or-visit matter handed over by the people's government at a higher level
or at the corresponding level;
(3) to coordinate efforts
in handling important letter-or-visit matters;
(4) to urge and examine the
handling of letter-or-visit matters;
(5) to study and analyze
both letters and visits, conduct investigation and study and, in a timely
manner, make suggestions on improving policies and work to the people's
government at the corresponding level; and
(6) to provide guidance to
other relevant departments of the people's government at the corresponding level
and the departments or units for letters and visits of the people's governments
at lower levels in their work regarding letters and visits.
Article 7 The people's
governments at all levels shall establish and improve the responsibility system
for letters and visits, and shall, in strict accordance with the provisions of
the relevant laws, administrative regulations and these Regulations, investigate
the individuals who are responsible for malfeasance or dereliction of duty
committed in the work regarding letters and visits and circulate a notice of the
matter within an appropriate scope.
The people's governments at
all levels shall incorporate the achievements scored in the work regarding
letters and visits into the performance assessment of public
servants.
Article 8 The relevant
administrative organ or unit shall give rewards to the letter-writer or visitor
who, by giving information or presenting comments or suggestions in its letter
or visit, has made contributions to the national economic and social
development, and to the improvement of the work of State organs and the
protection of public interests.
The relevant administrative
organ shall give rewards to the unit or individual that has scored outstanding
achievements in the work regarding letters and visits.
Chapter II Channels for Letters and
Visits
Article 9 The people's
governments at all levels and the relevant departments of the people's
governments at or above the county level shall make known to the public such
matters as the correspondence and E-mail addresses, telephone numbers for
complaints, time and places for receiving letters and visitors, methods of
inquiring about the progress and results of the letter-or-visit matters
handled.
The people's governments at
all levels and the relevant departments of the people's governments at or above
the county level shall, at the places for receiving letters and visitors or at
the websites, make known to the public the laws, regulations and rules, the
procedures for handling letter-or-visit matters and other matters concerning
provision of convenience to letter-writers and visitors.
Article 10 The people's
governments at the level of a city divided into districts and those at the
county level and their relevant departments and the people's governments of
towns or townships shall establish the system of reception day on which the
responsible persons of administrative organs read letters and receive visitors,
and coordinate efforts in handling letter-or-visit matters. Letter-writers and
visitors can report letter-or-visit matters face to face to the responsible
persons of the administrative organs at the publicized reception place on the
publicized reception day.
Responsible persons of the
people's government at or above the county level and of the relevant departments
of the said government or the individuals designated by them may go to the
places where the letter-writers or visitors live to talk to them face to face
and exchange views with them with regard to the overriding problems they have
reported.
Article 11 The department
for letters and visits of the State shall, by making full use of the existing
network resources for governmental affairs information, establish a national
information system for letters and visits, in order to provide convenience for
letter-writers and visitors to present letter-or-visit matters and inquire about
the handling of the letters and visits locally.
The local people's
government at or above the county level shall, by making full use of the
existing network resources for governmental affairs information, establish or
designate the information system for letters and visits within its
administrative areas and connect its information system for letters and visits
with those of the people's governments at higher levels, their relevant
departments and the people's governments at lower levels.
Article 12 The department
for letters and visits or any other relevant departments of the people's
government at or above the county level shall, in a timely manner, input the
complaint lodged by a letter-writer or visitor into the information system for
letters and visits. The letter-writer or visitor may, on the strength of the
complaint acceptance certificate issued by the administrative organ, go to the
department for letters and visits or the reception place of the relevant
department of the local people's government to inquire about the handling of the
complaint. The specific measures and procedures therefor shall respectively be
formulated by the people's government of a province, autonomous region or
municipality directly under the Central Government.
Article 13 In light of the
actual needs in the work regarding letters and visits, the people's governments
at the level of a city divided into districts and those at the county level may
establish a working mechanism in which the government plays the leading role and
all sectors of society take part and which facilitates rapid settlement of
disputes.
The departments and units
for letters and visits shall organize the relevant public organizations, legal
aid agencies, professionals, volunteers and others to joint efforts in handling
complaints lodged by letter-writers and visitors in a lawful, timely and
reasonable way through advice, education, consultation, mediation, hearing, or
by other means.
Chapter III Presenting Letter-or-visit
Matters
Article 14 Where a
letter-writer or visitor gives information or makes comments or suggestions on
the performance of duties by the following organizations or individuals, or is
not satisfied with the performance of duties by the following organizations or
individuals, it may present letter-or-visit matters to the relevant
administrative organs:
(1) administrative organs
or their staff members;
(2) organizations that are
authorized by laws or regulations to perform the functions of administration of
public affairs, or their staff members;
(3) enterprises or
institutions providing public service, or their staff members;
(4) individuals in public
organizations or other enterprises or institutions who are appointed or
dispatched by administrative organs of the State; and
(5) villagers' committees,
residents' committees or their members.
With regard to the
complaints that shall be handled according to law through litigation,
arbitration, administrative reconsideration or other statutory means, the
letter-writer or visitor shall present them to the relevant organs according to
the procedures as provided for by the relevant laws and administrative
regulations.
Article 15 With regard to a
letter-or-visit matter that falls within the scope of the functions and powers
of the people's congresses at all levels, the standing committee of the people's
congress at or above the county level, the people's court or the people's
procuratorate, the letter-writer or visitor shall present it to the people's
congress, its standing committee, people's court or people's procuratorate
respectively and abide by the provisions of Articles 16, 17, 18, 19 and 20 of
these Regulations.
Article 16 Where a
letter-writer or visitor intends to present a letter-or-visit matter through
visit, it shall present the letter-or-visit matter to the organ at the
corresponding level or the next higher level that, according to law, has the
power to handle the letter-or-visit matter. If a letter-or-visit matter has been
accepted or is in the process of being handled and the letter-writer or visitor,
before the expiration of the time limit, presents the same letter-or-visit
matter to the organ at the higher level of the organ that has accepted and is
handling the letter-or-visit matter, the former shall not accept the
letter-or-visit matter.
Article 17 A letter-writer
or visitor shall, in general, present a letter-or-visit matter through
correspondence, E-mail, fax or any other written form. Where it lodges a
complaint, it shall, in addition, state clearly its name (title), address,
requests, the facts and reasons.
With regard to the oral
presentation of a complaint, the relevant organ shall record the name (title)
and address of the letter-writer or visitor, its requests, the facts and
reasons.
Article 18 Where a
letter-writer or visitor who intends to present a letter-or-visit matter through
visit, it shall go to the reception place established or designated by the organ
concerned.
Where two or more
letter-writers or visitors intend to present the same letter-or-visit matter
through visit, they shall choose representatives, and the number of
representatives shall not exceed five.
Article 19 A letter-writer
or visitor shall be objective in presenting letter-or-visit matters, the
letter-or-visit matters presented shall be true to facts, and it shall be
responsible for the truthfulness of the contents of the materials it provides.
It shall not make up stories, distort facts, frame or bring a false charge
against others.
Article 20 Letter-writers
and visitors shall, in the course of writing letters or making visits, abide by
laws and regulations, shall not harm the interests of the State, society or the
collective or infringe upon the lawful rights of other citizens, shall
conscientiously maintain public order and the order in handling letters and
visits, and shall not commit any of the following acts:
(1) illegally assembling
around offices of State organs or public places, encircling and attacking State
organs, intercepting official vehicles, or jamming and obstructing
traffic;
(2) carrying dangerous
articles or tools under control;
(3) humiliating, beating up
or threatening functionaries of State organs or illegally restricting other
people's freedom of the individual;
(4) staying and making
trouble at the reception places for letters and visits, or leaving the
individuals who are unable to look after themselves at such places;
(5) inciting, colluding
with, coercing or enticing with money or things of value others to write letters
or make visits, or manipulating from behind the scenes others into doing so, or
taking advantage of letters and visits to accumulate wealth; or
(6) committing other acts
that disrupt public order or impair national or public security.
Chapter IV Accepting Letter-or-visit
Matters
Article 21 The department
for letters and visits of the people's government at or above the county level
shall, upon receiving a letter or visit, register the letter-or-visit matter
presented and handle it on the merits of each case within 15 days in the
following ways:
(1) With regard to a
letter-or-visit matter specified in Article 15 of these Regulations, notify the
letter-writer or visitor that it presents such matter to the people's congresses
or its standing committee, people's court or people's procuratorate
respectively; and reject the matter which has been or shall be handled according
to law through litigation, arbitration, administrative reconsideration or any
other statutory means, while notifying the letter-writer or visitor that it
presents the matter to the organ concerned according to the procedures as
provided for by the relevant laws or administrative regulations.
(2) With regard to a
letter-or-visit matter which shall be handled and decided on by the people's
government at the corresponding level or the department thereof according to
their statutory functions and duties, transfer such matter to the administrative
organ which has the power to handle it; or make timely suggestions and submit
such matter to the people's government at the corresponding level for decision
in case of any important or urgent matter.
(3) With regard to a
letter-or-visit matter which involves an administrative organ at a lower level
or its staff members, directly transfer such matter to the administrative organ
which has the power to handle it according to the principles of territorial
jurisdiction, responsibilities assumed at different levels, and the department
in charge being the department responsible, and send a copy of the matter to the
department or unit for letters and visits of the people's government at the next
lower level.
The department for letters
and visits of the people's government at or above the county level shall notify
such department or unit of the people's government at the next lower level of
the matter transferred regularly, and the department or unit for letters and
visits of the people's government at a lower level shall report to such
department of the people's government at the next higher level about the
handling of the transferred matter regularly.
(4) With regard to any
important matter among the letter-or-visit matters transferred and feedback on
the results of the handling of which is required, send it directly to the
administrative organ which has the power to handle it, and ask the organ to feed
back the results within the designated time limit for handling it and submit
reports on the results of the handling.
Within 15 days from the
date the letter-or-visit matter is transferred or assigned thereto according to
the provisions of Items (2) to (4) of the preceding paragraph, the
administrative organ concerned shall decide whether to accept the matter and
notify the letter-writer or visitor of the decision in writing, and inform the
department or unit for letters and visits of its decision as
required.
Article 22 With regard to a
letter-or-visit matter which is directly presented to the administrative organ
other than the departments or unit for letters and visits of the people's
governments at different levels by a letter-writer or visitor according to the
provisions of these Regulations, the administrative organ concerned shall
register such matter. A letter-or-visit matter that conforms to the provisions
of the first paragraph of Article 14 of these Regulations and falls within the
scope of the statutory functions and powers of the said organ shall be accepted
by it; and it shall not shift the responsibility onto other organs, take a
perfunctory attitude or delay handling the matter. If a letter-or-visit matter
does not fall within the scope of the functions and powers of the said organ, it
shall notify the letter-writer or visitor that it presents the matter to the
organ which has the power to handle the matter.
Where, upon receiving a
letter-or-visit matter, the administrative organ concerned can, on the spot,
decide whether to accept it, the said organ shall do so in writing. If such
decision can not be made on the spot, the said organ shall, within 15 days from
the date of receipt of the matter, notify the letter-writer or visitor in
writing, unless the name (title) or address of the letter-writer or visitor is
unclear.
Relevant administrative
organs shall notify each other of the letter-or-visit matters they have
accepted.
Article 23 The
administrative organ and its staff members shall not divulge or transmit the
materials of accusation or exposure or the relevant information provided by a
letter-writer or visitor to the individual or department accused or
exposed.
Article 24 Where a
letter-or-visit matter involves two or more administrative organs, it shall be
handled by them through consultation. If disagreement arises in handling of the
matter, their common administrative organ at the next higher level shall decide
on which organ handles the matter.
Article 25 Where an
administrative organ is split up, merges with another or is dissolved, the
letter-or-visit matters on which it shall make a decision shall be handled by
the administrative organ which continues to perform its functions and powers. If
the functions and duties are unclear, the people's government at the
corresponding level or the organ designated by such government shall handle the
matter.
Article 26 When a citizen,
legal person or any other organization discovers an important or urgent
letter-or-visit matter or information which may exert an influence on society,
it may report the matter to the relevant administrative organ nearby. After
receiving such report, the local people's governments at different levels shall
immediately report to the people's government at the next higher level and, if
necessary, circulate a notice of such matter among the competent departments.
After receiving the report, the relevant department of the local people's
government at or above the county level shall immediately report to the people's
government at the corresponding level and to the competent department at the
next higher level and, if necessary, circulate a notice of such matter among the
competent departments. After receiving the report, the relevant department of
the State Council shall immediately report to the State Council and, if
necessary, circulate a notice among the competent departments.
The administrative organ
shall not conceal, give a false report about or delay reporting any important or
urgent letter-or-visit matter and information or incite others to do
so.
Article 27 With regard to
important or urgent letter-or-visit matters and information which may exert an
influence on society, the administrative organ concerned shall, within the scope
of its functions and duties and according to law, take timely measures to
prevent the occurrence and extension of adverse influence.
Chapter V Handling, and Supervising and Urging the
Handling of Letter-or-visit Matters
Article 28 In handling the
letter-or-visit matters presented by a letter-writer or visitor, the
administrative organ and its staff members shall perform their duties
whole-heartedly, handle the matters impartially, ascertain the facts, clearly
distinguish the responsibilities, publicize the legal system, conduct persuasion
and handle the matter properly in a timely manner, and they shall not shift the
responsibility onto others, take a perfunctory attitude or delay handling the
matters.
Article 29 Where the
information given by a letter-writer or visitor or the comments or suggestions
made thereby are beneficial to improvement of the work of the administrative
organ and to promotion of national economic and social development, the relevant
administrative organ shall conscientiously study, evaluate and unhesitatingly
accept them.
Article 30 The staff member
of an administrative organ who has a direct interest in the letter-or-visit
matter presented by a letter-writer or visitor or with the letter-writer or
visitor shall recuse himself.
Article 31 In handling the
letter-or-visit matter presented by a letter-writer or visitor, the
administrative organ which has the power to handle such matter shall heed the
facts and reasons stated by the letter-writer or visitor. When necessary, it may
ask the letter-writer or visitor, or the organization or individual concerned to
give an explanation; and where further verification is needed, it may conduct
investigation among other organizations or individuals.
A hearing may be held for
important, complicated or difficult letter-or-visit matters, and the hearing
shall be open to the public to ascertain the facts and clearly distinguish the
responsibilities through inquiry, debate, appraisal or judgment by a collegiate
group. The people's government of a province, autonomous region, or municipality
directly under the Central Government shall respectively prescribe the scope of
hearings, presiding officer, participants, procedures and other
things.
Article 32 Through
investigation and verification, the administrative organ which has the power to
handle the letter-or-visit matter presented by a letter-writer or visitor shall
make the following decisions according to the relevant laws, regulations, rules
and other provisions and give a written reply to the letter-writer or
visitor:
(1) to support the request
if it is based on clear facts and conforms to laws, regulations, rules and other
provisions;
(2) to make an ample
explanation to the letter-writer or visitor if the request is reasonable but
lacks legal basis; or
(3) not to support the
request if it is not based on facts or does not conform to laws, regulations,
rules or other provisions.
Where the administrative
organ which has the power to handle the matter decides to support the request
according to the provisions of Item (1) of the preceding paragraph, it shall
urge the relevant organs or units to execute its decision.
Article 33 The matter
presented by a letter-writer or visitor shall be handled within 60 days from the
date it is accepted. If the matter is complicated, the time limit for handling
it may be extended appropriately upon the approval by the responsible person of
the administrative organ concerned, but the period extended shall not exceed 30
days, and the letter-writer or visitor shall be notified of the reasons for such
extension. Where laws or administrative regulations provide otherwise, the
provisions therein shall prevail.
Article 34 Where a
letter-writer or visitor is not satisfied with the decision made by an
administrative organ on the handling of the letter-or-visit matter, it may,
within 30 days from the date of receipt of the written reply, request the
administrative organ at the next higher level of the original administrative
organ that has handled the matter to reexamine the matter. The administrative
organ which has received the request for reexamination shall, within 30 days
from the date of receipt of the request, make a decision after reexamination and
give a written reply.
Article 35 Where a
letter-writer or visitor is not satisfied with the decision made after
reexamination, it may, within 30 days from the date of receipt of the written
reply, request for review from the administrative organ at the next higher level
of the reexamination organ. The administrative organ which has received the
request for review shall, within 30 days from the date of receipt of the
request, make a decision after review.
The review organ may,
according to the second paragraph of Article 31 of these Regulations, hold a
hearing, and the review decision made through hearing may be made known to the
public according to law. The time needed for hearing shall not be calculated in
the time limit prescribed in the preceding paragraph.
Where the letter-writer or
visitor is not satisfied with the review decision and continues to lodge a
complaint on the basis of the same facts and reasons, the departments or units
for letters and visits of the people's governments at all levels and other
administrative organs shall no longer accept the compliant.
Article 36 Where the
department for letters and visits of the people's government at or above the
county level finds that a relevant administrative organ comes under any of the
following circumstances, it shall, without delay, urge such organ to handle the
matter concerned and suggest that the said organ make improvement,:
(1) without justifiable
reasons, failing to handle the letter-or-visit matter within the prescribed time
limit;
(2) failing to give
feedback on the results of the handling of the letter-or-visit matter as
required;
(3) failing to handle the
letter-or-visit matter according to the prescribed procedures;
(4) shifting the
responsibility for handling the matter onto other departments, taking a
perfunctory attitude, or delaying handling the letter-or-visit
matter;
(5) failing to execute the
decision on the matter; or
(6) needing urging for
other reasons.
Upon receiving the
suggestions for improvements, the administrative organ shall, within 30 days,
give a feedback in writing on the improvements it has made. If the organ refuses
to accept the suggestions, it shall explain the reasons.
Article 37 With regard to
any policy problem raised by a letter-writer or visitor, the department for
letters and visits of the people's government at or above the county level shall
report it to the people's government at the corresponding level in a timely
manner and make suggestions as to how to improve the policy and solve the
problem.
Article 38 With regard to
the staff members of an administrative organ who, in the work regarding letters
and visits, cause serious consequences by shifting their responsibilities onto
others, taking a perfunctory attitude, delaying handling of matters or
practicing fraud, the department for letters and visits of the people's
government at or above the county level may make suggestions to the
administrative organ concerned to give them administrative sanctions.
Article 39 The department
for letters and visits of the people's government at or above the county level
shall, regularly, submit analytical reports on letters and visits to the
people's government at the corresponding level with regard to the following
matters:
(1) statistical data on the
letter-or-visit matters accepted, the areas covered by the letter-or-visit
matters, and the organs against which a relatively larger number of complaints
are lodged;
(2) information about the
matters which are transferred for handling or the handling of which is urged,
and the suggestions about improvement accepted by different departments;
and
(3) the policy suggestions
made and accepted.
Chapter VI Legal Liability
Article 40 Where one of the
following circumstances leads to the presentation of a letter-or-visit matter,
which causes serious consequences, the individual directly in charge and the
other individuals directly responsible therefor shall be given an administrative
sanction according to the provisions of the relevant laws or administrative
regulations; if the act constitutes a crime, they shall be investigated for
criminal liability according to law:
(1) The lawful rights and
interests of a letter-writer or visitor are infringed upon due to overstepping
or abuse of power;
(2) An administrative organ
infringes upon the lawful rights and interests of a letter-writer or visitor by
doing nothing about what it shall do;
(3) The lawful rights and
interests of a letter-writer or visitor is infringed upon due to incorrect
application of laws or regulations or violation of statutory procedures;
or
(4) The execution of the
decision in support of the request of a letter-writer or visitor made by the
administrative organ which has the power to handle the matter presented is
refused.
Article 41 Where the
department for letters and visits of the people's government at or above the
county level fails to register the letter-or-visit matter, transfer the matter
to another organ or assign another organ to handle the matter as required by
regulations, or fails to perform the duties of supervising and urging the
handling of the matter as it shall have done, the administrative organ at higher
levels shall order it to make corrections; if serious consequences are caused,
the individual directly in charge and the other individuals directly responsible
therefor shall be given an administrative sanction according to law.
Article 42 Where the
administrative organ responsible for accepting letter-or-visit matters, in
violation of the provisions of these Regulations, comes under any of the
following circumstances in accepting a letter-or-visit matter, the
administrative organ at a higher level shall order it to make corrections; if
serious consequences are caused, the individual directly in charge and the other
individuals directly responsible therefor shall be given an administrative
sanction according to law:
(1) failing to register the
letter-or-visit matter it has received, as is required by
regulations;
(2) refusing to accept the
letter-or-visit matter which falls within the scope of its statutory functions
and powers; or
(3) failing to inform in
writing within the specified time limit the letter-writer or visitor of whether
the letter-or-visit matter is accepted.
Article 43 Where the
administrative organ which has the power to handle letter-or-visit matters, in
violation of the provisions of these Regulations, commits any of the following
acts in handling a letter-or-visit matter, the administrative organ at a higher
level shall order it to make corrections; if serious consequences are caused,
the individual directly in charge and the other individuals directly responsible
therefor shall be given an administrative sanction according to law:
(1) shifting the
responsibility onto another organ, taking a perfunctory attitude, or delaying
handling the letter-or-visit matter, or failing to wind up the handling of the
letter-or-visit matter within the statutory time limit; or
(2) failing to support the
request which is based on clear facts and conforms to relevant laws,
regulations, rules and other provisions.
Article 44 Where the staff
member of an administrative organ, in violation of the provisions of these
Regulations, divulges or transmits the materials of accusation or exposure and
relevant information provided by a letter-writer or visitor to the individual or
unit accused or exposed, he shall be given an administrative sanction according
to law.
Where the staff member of
an administrative organ, in handling a letter-or-visit matter , is rude in his
style of work, thus intensifying contradictions and causing serious
consequences, he shall be given an administrative sanction according to
law.
Article 45 Where an
administrative organ and its staff members, in violation of the provisions of
Article 26 of these Regulations, conceal, make a false report of or delay
reporting the important or urgent letter-or-visit matters or informatinn which
may exert an influence on society, or incite another individual to do so, thus
causing serious consequences, the individual directly in charge and the other
individuals directly responsible therefor shall be given an administrative
sanction according to law; if the act constitutes a crime, they shall be
investigated for criminal liability according to law.
Article 46 Whoever
retaliates against a letter-writer or visitor, thus constituting a crime, shall
be investigated for criminal liability according to law; if the act is not
serious enough to constitute a crime, he shall be given an administrative or
disciplinary sanction according to law.
Article 47 Where a
letter-writer or visitor violates the provisions of Article 18 or 20 of these
Regulations, the staff member of the State organ concerned shall dissuade,
criticize or educate him.
If such dissuasion,
criticism or education fails, the public security organ shall warn or admonish
the letter-writer or visitor or stop its act. If the letter-writer or visitor
violates the laws or administrative regulations on assemblies, processions and
demonstrations or if its act constitutes a violation of public security
administration, the public security organ shall, according to law, take
necessary measures to deal with the case on the spot and impose thereupon an
administrative penalty for public security. If the act constitutes a crime, it
shall be investigated for criminal liability according to law.
Article 48 Where a
letter-writer or visitor makes up a story or distorts facts in an attempt to
frame or bring a false charge against another individual, which constitutes a
crime, he shall be investigated for criminal liability according to law. If the
act is not serious enough to constitute a crime, the public security organ shall
impose thereupon an administrative penalty for public security according to
law.
Chapter VII Supplementary
Provisions
Article 49 Social
organizations, enterprises and institutions shall handle letters and visits with
reference to these Regulations.
Article 50 The
letter-or-visit matters presented by foreigners, stateless individuals or
foreign organizations shall be handled with reference to these
Regulations.
Article 51 These
Regulations shall be effective as of May 1, 2005. The Regulations on Letters and
Calls promulgated by the State Council on October 28, 1995 shall be repealed
simultaneously.
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