国务院令第185号
（Promulgated by Decree No. 185 of the State Council of the People's Republic of China on October 28， 1995）
颁布日期：19951028 　实施日期：19960101 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 The present Regulations are formulated¹ with a view to keeping the people's governments at different levels in close contact with the people， protecting the legitimate² rights and interests of those who make letters of petition and preserving the order of administration of letters of petition.

　　Article 2 The term “letter of petition” used in the present Regulations refers to the actions of a citizen， legal person or other organization who， through written correspondence， telephone or personal appearance with the people's government at various levels or departments under the people's government at the county level or above （herein after referred to as administrative⁴ organs at different levels） requests a situation report or submits an opinion， proposal or request which， according to law， should be dealt with by the relevant administrative organs.

　　Article 3 The administrative organs at different levels shall properly handle letters of petition， carefully deal with letters， receive visitors， attend to the opinions， proposals and requests of the people， submit themselves to the supervision⁵ of the people and exert themselves to serve the people.

　　Article 4 The work of handling letters of petition shall be done under the leadership of the people's government at different levels. It shall adhere to the principles of different responsibilities given to different levels， the handling of petitions under the proper jurisdiction⁶ with the relevant departments in charge being held responsible， settlement of matters in the fastest possible time and in the place closest to the occurrence and the combination of problem-resolution in accordance with the law with ideological⁷ education.

　　Article 5 Chief leaders of administrative organs at different levels shall read and make comments or issue instructions concerning important letters of petition， receive important visitors， deliberate over and solve problems， make inspections⁸ and give instructions in work concerning letters of petition.

　　Article 6 The people's governments at different levels from and above the county level， and their inferior departments shall， according to the principle of work competence⁹ and convenience for petition makers¹¹， decide on the organization of institutions or personnel （hereinafter referred to as the petition working office） in charge of carrying out work concerning letters of petition and be specifically responsible for receiving and handling letters of petition.

　　Chapter II Petition Maker¹⁰

　　Article 7 “Petition maker” refers to any citizen， legal person or other organization who， through written correspondence， telephone or personal appearance with the administrative organs at different levels， makes a petition for a situation report， or submits an opinion， proposal or request.

　　Article 8 The petition maker may present to administrative organs the following matters through petition correspondence：

　　（1） Criticisms， proposals or requests with regards to an administrative organ or its personnel；

　　（2） Accusations¹² or exposures of offenses¹³ or negligence¹⁴ of duty of the administrative personnel；

　　（3） Complaints against infringements¹⁵ of the rights or interests of the petition maker； and

　　（4） Other matters.

　　If the procedures for handling matters related to Item （2） or （3） of the preceding paragraph have been otherwise stipulated¹⁶ in other laws or administrative regulations， the petition maker should submit those matters according to the procedures prescribed by those corresponding laws or administrative regulations.

　　Article 9 Matters which fall under the jurisdiction of the people's congress at different levels， the standing¹⁷ committee of the people's congress at or above the county level， the people's court or the people's procuratorate shall be submitted to the relevant people's congress and the standing committee thereof， the people's court or the people's procuratorate respectively.

　　Article 10 Concerning the submission¹⁸ of matters， the petition maker shall appeal to the relevant administrative organ or its immediately superior organ which by law has the power to handle and make decisions concerning said matters.

　　Article 11 The petition maker who chooses to submit an opinion， proposal or request through a personal appearance should do so at a reception site established or designated by the relevant administrative organ. Visiting petition makers may not blockade or attack state organs and may not intercept¹⁹ public vehicles.

　　Article 12 In the event that a group of people wish to submit a common opinion， proposal or request， the petition shall generally be made by written correspondence or telephone. If said group of people choose to make the petition through personal appearance， they shall elect not more than five delegates to do so.

　　Article 13 Petition makers shall present the true facts. They may not fabricate stories， distort facts or falsely accuse or frame other persons.

　　Article 14 Petition makers shall follow the petition administration process. They may not interfere²⁰ with the working order of state organs. They may not damage public or private property at the reception site， or harass²¹， insult， strike or threaten the personnel handling the reception. They may not take along with them to the reception site dangerous articles， explosives or controlled devices.

　　Chapter III Acceptance of Petitions

　　Article 15 Administrative organs at different levels shall， within the limits of their functions and powers， accept matters of petition as defined in Article 8 of the present Regulations.

　　Article 16 If the petition maker submits matters defined in Article 9 of the present Regulations， the petition working office shall， in light of individual situations advise the petition maker to refer those matters to the corresponding people's congress and the standing committee thereof， the people's court or the people's procuratorate.

　　For matters of petition that have been settled or should be settled through litigation， administrative reconsideration or arbitration²²， the petition working office shall advise the petition maker to have those matters handled in accordance with the corresponding laws and administrative regulations.

　　Article 17 For matters of petition that are relevant to two or more administrative organs， said administrative organs shall negotiate to solve the problem of acceptance. If a disagreement occurs， the organ to accept the matter of petition shall be decided²³ by an immediately higher common administrative authority through coordination²⁴.

　　Article 18 If the administrative organ which should have accepted a matter of petition has been absorbed or dissolved， the matter shall then be accepted by the administrative organ which inherits the function and power of the former organ.

　　Article 19 If the petition maker fails to comply with the stipulations in Article 10 of the present Regulations and appears in person directly to a higher administrative organ， the higher administrative organ shall advise the petition maker to submit the petition in accordance with the stipulations in Article 10 of the present Regulations. If the organ deems it necessary to accept the petition directly， it may do so.

　　Article 20 If the petition working office discovers or suspects a visiting petition maker to be in factiously²⁵ ill， the working office shall notify the local public health department of the situation， which shall handle the situation according to corresponding state regulations.

　　Article 21 If the petition working office discovers that a petition maker is mentally ill， they shall advise his residential²⁶ area， unit or guardian²⁷ to take him back.

　　If the mentally ill person is incapable²⁸ of controlling his actions to the extent of disturbing the orderly work of the petition administration， the petition working office may request the local public security organ to take the patient away from the reception site and have him housed under care or returned to his place of residence in accordance with corresponding state regulations， or may advise the person's residential area， unit or guardian to take him back.

　　Article 22 If the petition maker does not abide²⁹ by the stipulations in Article 11 or 14 of the present Regulations to the extent of interfering³⁰ with the orderly work of the petition administration， the petition working office may render an educational criticism of him. If that fails in effect， the office may request the local public security organ to escort him away from the reception site and have him housed under care or returned to his place of residence in accordance with corresponding state regulations， or may advise his residential area， unit or guardian to take him back.

　　Article 23 If dangerous articles， explosives or controlled devices are taken to the reception site， the public security organ or the petition working office shall seize and confiscate³¹ them.

　　Article 24 If a citizen， legal person or other organization discovers a petition matter of major importance or urgency which may have social repercussions³²， they may report to the nearest administrative organ. Upon receipt of such a report， the local people's government at different levels shall immediately report the matter to the people's government at an immediately higher level and notify relevant responsible departments when necessary. The departments of the people's government at different levels at and above the county level， upon receipt of such a report， shall immediately report the matter to the people's government at the same level and the responsible department at the immediately higher level， and shall notify other relevant responsible departments when necessary. The concerned department of the State Council， upon receipt of the report， shall immediately report the matter to the State Council and notify relevant responsible departments when necessary.

　　Article 25 For those petition matters of major importance or urgency which may have social repercussions， the relevant administrative organs shall， within the limits of their functions and powers， take legal measures to handle the situation in a resolute³³ and decisive manner so as to prevent the occurrence or expansion of adverse³⁴ social repercussions.

　　Chapter IV Handling of Petitions

　　Article 26 Administrative organs at different levels shall handle letters of petition in the following manner in compliance³⁵ with their functions and limits of power， and in consideration of the nature of the petition：

　　（1） Direct handling of those matters which， according to law， should be handled by the concerned administrative organ or are within the power of the administrative organ to handle；

　　（2） Reporting the matter in due course to a higher administrative authority if， according to law， it should be handled by that authority；

　　（3） Transferring the matter in due course to another administrative organ if， according to law， it should be handled by that administrative organ.

　　Article 27 Administrative organs at different levels and their staffs shall be scrupulous³⁶ in the discharge of their duties， impartial³⁷ and in accordance with the law in handling matters， always ascertain³⁸ the truth， identify liabilities， make correct persuasions³⁹ and duly， properly and correctly settle matters. They may not shift responsibilities to others or do their work in a delayed or perfunctory manner.

　　Article 28 If a staff member engaged in work concerning petitions has direct interests in the petition matter or concerning the petition maker， he shall avoid involvement in the handling of the petition matter.

　　Article 29 In handling petition matters， administrative organs and their staff may not release or transfer any material concerning accusations， expositions or charges to the person or organization accused， exposed or charged.

　　No organization or individual may suppress， retaliate⁴⁰ against or persecute⁴¹ a petition maker.

　　Article 30 Administrative organs at different levels shall settle within 30 days petition matters to be directly handled by that organ and shall advise the concerned petition maker of the result of the settlement in light of the particular circumstances. If the matter is complicated， the prescribed period may be extended properly.

　　Article 31 Administrative organs at different levels shall settle within 90 days petition matters which have been assigned thereto and shall advise the authority that originally assigned the matter of the result of the settlement. If the matter cannot be settled within the prescribed period， an explanation should be presented to the authority which originally made the assignment.

　　If the authority which issued the assignment considers the settlement of the assignment is not satisfactory， it may require reconsideration of the matter by the administrative organ which received the assignment.

　　Article 32 The relevant administrative organ shall settle within 90 days petition matters which have been transferred thereto and shall advise the organization that originally made the transfer of the result according to the situation.

　　Article 33 The petition maker or the relevant unit shall abide by and carry out the settlement decision that has been made by the relative administrative organ. If they reject the decision， they may within 30 days from receipt of the written decision ask the administrative organ which originally made the decision to review the decision unless they wish to request an administrative reconsideration or lodge⁴² an administrative suit according to laws or administrative regulations. The original administrative organ which made the settlement decision shall within 30 days from receipt of the request for review of the decision produce its opinion and give a reply.

　　Article 34 If the settlement decision or opinion produced after review by the original organ is again rejected， the petition maker may within 30 days from receipt of the written settlement decision or the written opinions after review appeal to an immediately higher administrative organ for a review， and the latter shall propose opinions thereon within 30 days upon receipt of the application for review. If it is satisfied after review that the original settlement decision is correct， the matter may not be reconsidered any more.

　　Article 35 If an administrative organ discovers that its settlement decision or review opinion on a petition matter was incorrect， it shall make the necessary corrections.

　　If a higher administrative organ discovers that a lower administrative organ erred³ in the settlement or review of a petition matter， it has the authority to take over the matter for reconsideration or to instruct the lower administrative organ to make a new settlement.

　　Article 36 Administrative organs at different levels shall duly analyze⁴³ the social implications and the wishes of the masses reflected in a letter of petition and shall accordingly put forward suggestions for improvement of work.

　　Chapter V Rewards and Punishments

　　Article 37 Any office or individual who makes excellent achievements in work concerning letters of petition shall be conferred a reward by the relevant administrative organ.

　　Article 38 Any petition maker who， by putting forward proposals or opinions， making accusations against or disclosing illegal activities makes contributions to the national economy and social development or to the improvement of the work of government offices or protection of the public interests shall be conferred a reward by the relevant administrative organ.

　　Article 39 Any administrative organ which fails to discharge its duty， shifts its responsibilities to others， does work in a perfunctory manner or delays the procedures of handling matters may be criticized through a circular issued by a higher administrative organ. Those persons responsible may be given a disciplinary sanction according to the seriousness of the case.

　　Article 40 Any staff member of administrative organs at different levels who ignores duties， practices favoritism to the detriment⁴⁴ of the work shall be subject to educational criticism or a disciplinary sanction according to the seriousness of the case， or if a crime is constituted， be investigated for criminal responsibility.

　　Article 41 Any petition maker who violates the petition administration process may be subject to educational criticism by the petition working office. The office may also recommend that the unit to which the petition maker is attached render to him educational criticism or give a disciplinary sanction. Any petition maker who violates public security management regulations shall be dealt with by the public security organ according to the Regulations of the People's Republic of China on Administrative Penalties for Public Security， or if the violation⁴⁵ constitutes a crime， be investigated for criminal responsibility.

　　Chapter VI Supplementary⁴⁶ Provisions

　　Article 42 Work of social organizations， enterprises or institutions concerning letters of petition shall be conducted by reference to the present Regulations.

　　Article 43 Petitions made by foreigners， stateless persons or foreign organizations shall be handled by reference to the present Regulations.

　　Article 44 The present Regulations shall come into effect as of the date of January 1， 1996.

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