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(2) to make an ample explanation to the letter-writer or visitor if the request is reasonable but lacks legal basis; or (来源:EnglishCN.com)
(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; |