1 thought on “Can Luoyang's letters and visits hearing reports be proposed?”

  1. Okay
    The temporary management regulations for letters and visits hearing
    I: Article 1 is to regulate the procedures for applying for letters and visits in the administrative organs and letters of petitioners, protect the legitimate rights and interests of petitioners, supervise the administrative organs to exercise their powers in accordance with the law. According to the State Council The relevant provisions of the "Letters and Visits Regulations" formulate these measures.
    The hearing in these Measures refers to the procedures for the administrative organs to find out the facts, clarify responsibilities, and handle letter and visit issues in accordance with the law, and handle letter and visits through the form of hearing.
    Enariers should follow the following principles:
    (1) open and transparent, fair and reasonable;
    (2) to find out the facts and clarify responsibilities; If there is something wrong, it will be corrected.
    It with one of the following conditions for letters and visits, administrative agencies with the right to deal with may hold a hearing:
    (1) Before the administrative organs make a opinion on the processing of letters and visits, the petitioner requires a hearing to hold a hearing. ;
    (2) Differential opinions or review opinions on the handling of letters and visits made by the petitioner, and requesting a hearing;
    (3) petitions involved in the number of petitions, strong people's reflection or controversy , The former organized organs or higher -level people's governments' petition work agencies and higher administrative departments believe that hearing needs to be held;
    (4) Letters and visitors do not accept the opinions or review opinions made by the administrative organs. I did not submit a hearing application, and still insisted on petitions. The petition work agency or the superior administrative department of the upper -level people's government of the original organ believes that the hearing is required;
    (5) The administrative agency with the right to deal with it believes Letter and visits.
    The petitions that have been resolved through litigation, administrative reconsideration, and arbitration have been held, and hearing will not be held.
    It 6 Letters of letters and visits handling or reviewing or reviewing agencies shall notify letters and visits in writing to apply for a hearing before making opinions or reviewing or reviewing opinions on letters and visits.
    Seventh to apply for a hearing for a petitioner, it shall submit a written hearing application to the letters and visits matters within 7 days from the date of receipt of the written notification. If there are witnesses, the list of witnesses and witnesses must be provided.
    Those who do not apply for a hearing application within the prescribed period due to force majeure or other righteous parties may apply for extension period within 3 days after obstacle elimination. The administrative organs that determine the hearing shall be approved after verification.
    The letter of letter and visit matters or reviewing or reviewing agencies shall notify the petitioners in writing whether they agree to the hearing within 7 days from the date of receipt of the hearing application.
    The administrative organs who have the right to deal with letters and visits that if they believe that a hearing needs to be held in accordance with its authority, it shall notify the petitioners within 5 days from the date of making a decision.
    The administrative organs that have the right to deal with the right shall hold a hearing within 30 days from the date of making a hearing decision, and 7 days before the hearing, the time, place and need to prepare related materials in writing to notify the petitioners in writing. If necessary, it can be announced.
    I. Before the hearing is held, a petitioner shall be allowed to withdraw the hearing application, and it shall be allowed to be allowed and records the case.
    It, in addition to letters and visits involving national secrets, business secrets or personal privacy, the hearing shall be publicly carried out.
    The hearing is organized and implemented by administrative agencies with the right to handle letters and visits.
    The hearing participants include hearing hosts, hearing, recorder, petitioner organizer, petitioner or petitioner entrusted agent, and personnel related to hearing.
    It publicly holding hearings, citizens can participate in the auditorium in accordance with the regulations of the hearing authority.
    The hearing personnel are generally designated by the hearing agency, and the relevant experts, legal workers, representatives of the People's Congress, members of the CPPCC, or other social personnel may be invited; the number of hearing should not be less than 3. The host of the hearing is held by the hearing and should be the relevant person in charge of the hearing agency.
    Those who have a direct stake between hearing and hearing or other may affect the fairness of the hearing, and should avoid it. The avoidance of the hearing host is determined by the hearing authority, and the avoidance of other personnel is determined by the hearing host.
    This 15 The organizers of letters and visits include the organizer of the original processing opinion, the original review opinion, and the organizer who is undergoing investigation or reviewing or reviewing. The organizer of the letters and visits shall not be the hearing of the hearing of the letters and visits.
    The petitioner may entrust 1-2 people as agents to participate in the hearing, and submit the authorized attorney before holding a hearing. The authorized attorney should be stated that the entrusted matters and agency authority shall be stated.
    The collective visits shall be selected to participate in the hearing in accordance with the Regulations on the Letters and Visits.
    The rights and obligations of the petitioner in the hearing:
    (1) I have the right to apply for a hearing of a hearing of a letter of interest or other relationships that may have a direct interest or other relationships. ;
    (2) Statement and defense the facts, policies, regulations and related conditions involved in letters and visits;
    (3) The right to evidence proposed by the contractor of the letter and visits, and proposes to propose it New evidence;
    (4) truthful statement of the facts of the letter and the question of the hearing host;
    (5) the claim of the rights and interests of its rights and interests;
    (6) abide by the hearing discipline.
    The petitioner does not bear the hearing fee.
    The recorder should find out whether the organizer, petitioner, hearing, and other persons who should participate in the hearing should be reported to the hearing host.
    At the beginning of the hearing, the host of the hearing should check the situation of the hearing attended, announce the hearing, announce the hearing, the recorder, the hearing discipline, inform the petitioner about the rights and obligations of the hearing, and ask the visitors to the hearing to the hearing Whether the recorder filed an application for avoidance.
    The hearings are performed according to the following procedures:
    (1) The host of the hearing announced the start of the hearing; And inquire about whether the petitioner submits an application for avoidance;
    (3) The petitioner or its entrusted agent states the letter and visit matters and provides relevant evidence; Laws, regulations, and policy basis;
    (5) petitioners or their entrusted agents conduct defense and qualifications;
    (6) The organizers of petitions have controversial facts, reasons, laws, regulations, and policies For response;
    (7) Letter or its entrusted agent make a final statement;
    (8) The organizer of the letters and visits to make a final statement;
    (9) The hearing of the hearing expressed personal opinions, However, we cannot express the conclusion opinions on how to deal with the issues of letters and visits;
    (10) The host of the hearing announced the rest and organized the hearing to support the hearing of facts, evidence, and applicable policies, and regulations. After forming a conclusion;
    (11) The hearing host announced that the hearing will continue and can make a hearing conclusion on the spot, shall be announced on the spot;
    (12) The hearing host announces the end of the hearing.
    1stage of the hearing host may make a decision to extend and suspend the hearing according to the actual situation.
    It with one of the following circumstances, a hearing may be extended:
    (1) The parties cannot be present due to irresistible things;
    (2) The parties temporarily submit an application for avoidance applications
    (3) Other situations that should be extended by the hearing.
    It with one of the following circumstances, the hearing can be suspended:
    (1) You need to notify the new witnesses to be present or need to be re -identified and investigated;
    (2) the parties Due to the irresistible cause, it is impossible to continue to participate in the hearing;
    (3) other circumstances that should suspend the hearing.
    The case of extension and suspension of hearing disappears, the host of the hearing will timely decide the time and place of the hearing in time, and notify the hearing participant.
    Is that if a hearing conclusion is made on the spot, the hearing authority shall be delivered to the petitioner or its entrusted agent in writing within 10 days; if it fails to make it on the spot, the hearing conclusion should be made within 20 days and the letter and visit should be delivered in writing in writing. People or their entrusted agents.
    It 26 Hearing recorders shall produce a hearing transcript of all the activities of the hearing, and the participants are signed or stamped by the participants. If the signature or seal is rejected, the situation is included.
    The hearing data (including hearing transcripts, recording, cameras, petitions and petitioners provided by the contractor provided by the contractor) are archived by the department or unit of the hearing.
    It 27 After the hearing, the hearing host shall write a hearing report based on the hearing, and submit the person in charge of the hearing authority as the main basis for handling the letter and visits.
    Article 28 If a petitioner fails to submit a written hearing application within the specified period of these Measures or does not submit an application in accordance with regulations, if the hearing application is withdrawn, if you do not participate in the hearing without justified reasons, you will not participate in the hearing. If a person allows you to retire without authorization or seriously violate the discipline of hearing, it shall be deemed to abandon the right to hearing.
    Is who are deemed to abandon the hearing rights due to one of the circumstances specified in the previous paragraph, and the petitioner once again does not accept the same facts and reasons for the correspondence and reasons of the petition.
    It 29 has held a hearing based on the application of the petitioner. The petitioner has no evidence to prove that the hearing violates the provisions of these Measures. If the letter and visits apply for the same fact and the reason for the hearing, it will not be accepted.
    It, the administrative organ that has the right to deal with the right to organize hearing in accordance with these Measures shall be organized by the superior administrative organs to make corrections; if the serious consequences are caused Posted.
    31 The organizer of the Letters and Visits does not attend the hearing without justice or refuses to state at the hearing, and provides false or wrong information at the hearing, the organization hearing authority or supervision of the letters and visits matters or supervision The agency gives notification criticism; if the circumstances are serious, administrative sanctions are given.
    It 32 The provincial letters and visits bureaus are explained by the Provincial Legal Affairs Office of the Provincial Legal Affairs Office.
    33: These Measures shall be implemented from the date of release

Leave a Comment