The general office of the State Council printed an

2022-08-03
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The general office of the State Council has issued the opinions on handling letters and visits related to law and litigation in accordance with the law. The general office of the CPC Central Committee and the general office of the State Council recently issued the opinions on handling letters and visits related to law and litigation in accordance with the law. The opinions include fully understanding the significance of handling letters and visits related to law and litigation in accordance with the law, reforming the working mechanism of letters and visits related to law and litigation, further improving the credibility of law enforcement and justice Maintaining the order of letters and visits involving law and litigation, strengthening and improving the organization and leadership of handling letters and visits involving law and litigation in accordance with the law

the general office of the Central Committee of the Communist Party of China and the general office of the State Council recently printed and distributed the opinions on handling letters and visits involving law and litigation in accordance with the law, and issued a notice, requiring all regions and departments to effectively strengthen coordination and cooperation, improve the working mechanism of letters and visits involving law and litigation, and strive to form a joint force to solve letters and visits involving law and litigation, whether it is product quality or after-sales service in accordance with the law

the opinions includes five parts: fully understanding the significance of handling legal and litigation related letters and visits in accordance with the law, reforming the working mechanism of legal and litigation related letters and visits, further improving the judicial credibility of law enforcement, maintaining the order of legal and litigation related letters and visits in accordance with the law, and strengthening and improving the organization and leadership of handling legal and litigation related letters and visits in accordance with the law

the opinions points out that the handling of law related complaint letters and visits in accordance with the law concerns the fundamental interests of the overwhelming majority of the people, the unity, dignity and authority of the national legal system, the consolidation of the party's ruling position and the long-term stability of the country. Reforming the working mechanism of letters and visits involving law and litigation and handling the problems of letters and visits involving law and litigation according to law are not only the requirements of implementing the spirit of the 18th National Congress of the Communist Party of China and the Third Plenary Session of the 18th Central Committee, but also the practical actions of implementing the revised criminal procedure law and civil procedure law; It is not only the need to comprehensively promote the rule of law, but also the concrete embodiment of safeguarding the legal rights and interests of the people at each start

the opinions emphasize that the general idea of reforming the working mechanism of law related complaint letters and visits and handling law related complaint letters and visits in accordance with the law is to change the working mode of regular centralized handling, relying too much on administrative promotion, and starting legal procedures through letters and visits, bring the resolution of law related complaint letters and visits into the track of the rule of law, and let the political and legal organs handle them in accordance with the procedures in accordance with the law, correct law enforcement errors in accordance with the law, protect legitimate rights and interests in accordance with the law, and safeguard fair conclusions in accordance with the law, Protect legal letters and visits and stop illegal petitions. Efforts should be made to ensure that cases are settled and that complaints and visits are stopped, so as to achieve the unity of safeguarding the legitimate rights and interests of the people and safeguarding the judicial authority

the opinions proposes to implement the system of separating litigation from letters and visits. The complaint reporting matters involving civil and commercial affairs, administrative, criminal and other litigation rights relief shall be separated from the ordinary complaint reporting system and handled by the political and legal organs according to law. The complaint reporting departments at all levels shall guide the people involved in complaint reporting to the political and legal organs to report their problems; As for the legal and litigation related letters and visits accepted according to regulations involving public security organs and judicial administrative organs, the letters received from the masses involving law and litigation shall be transferred to the political and legal organs at the same level for handling according to law

the opinions requires that a mechanism for introducing legal and litigation related petition matters into the judicial process be established. Political and legal organs at all levels should promptly examine and screen the letters and visits concerning laws and lawsuits. For those in legal proceedings, they shall continue to be handled in accordance with the procedures in accordance with the law; If the case has been closed but meets the conditions for reconsideration, review and retrial, it shall be transferred to the corresponding legal procedures according to law; For those cases that have been closed and do not meet the conditions for reconsideration, review and retrial, explanations shall be made on the rejection; If a party refuses to accept the decision of administrative reconsideration made by the relevant administrative organ according to law and still refuses to accept the interpretation of the law, it may be guided to bring an administrative lawsuit to the people's court. The parties concerned shall be promptly informed of the relevant handling procedures and results in strict accordance with the prescribed time limit and manner

the opinions pointed out that the system of handling according to law and procedures should be strictly implemented. At present, the domestic instrument enterprises of political and legal organs at all levels are basically composed of three teams: R & D, sales and after-sales. For cases that have entered the legal process, they should handle them fairly according to the law and procedures within the legal time limit. If, after reconsideration, trial or recheck, the case is indeed a wrong case or a defective case, it shall correct the mistakes and make up the defects according to law; If it falls within the scope of state compensation, it shall be handled in accordance with the relevant provisions of the state compensation law. If no error is found after reconsideration, trial or review, the original ruling shall be upheld according to law and the parties concerned shall be informed in a timely manner in accordance with relevant provisions

the opinions emphasizes the establishment of a legal termination system for letters and visits involving law and litigation. In accordance with the revised criminal procedure law, civil procedure law and relevant laws and regulations, the central political and legal authorities revised and improved the measures for the termination of letters and visits involving law and litigation. If the legal procedures have been exhausted for the complaint reporting matters involving law and litigation, the judgment or ruling made according to law shall be the final decision. For those who repeatedly pester visits and complaints within the time limit of appeal, after case review, evaluation and other means, and after the review of the central or provincial political and legal organs, it is determined that the problems they reflect have been fairly dealt with, the review procedure will not be started in accordance with the law, except under the circumstances stipulated by the law. The relevant departments at all levels will no longer count, assign and notify, but focus on the interpretation and guidance of the complainants

the opinions requires that the national judicial assistance system be improved. Political and legal organs at all levels should, under the leadership and support of the Party committee and the government, make an overall plan to solve the legal problems and practical difficulties of the petitioners in accordance with the experimental methods and data specifications of JIS in Japan. In case of any injury or loss caused to the parties due to law enforcement issues, correction and compensation shall be made according to law. For those who are unable to obtain effective compensation through litigation due to criminal infringement or civil infringement, resulting in difficulties in the lives of the parties, and meet the provisions on assistance, judicial assistance shall be given in a timely manner. For those who still have practical difficulties after giving judicial assistance, help to solve the practical difficulties through civil affairs relief, social assistance and other means

the opinions requires that the credibility of law enforcement and judicature be further improved. Political and legal organs at all levels should perform their duties and exercise their powers in strict accordance with their statutory authorities and procedures, and ensure that the handling of each case is fair in substance, fair in procedure, standardized and efficient, and can stand the test; We should strengthen internal supervision in accordance with the law, and urge the problems existing in law enforcement and case handling to be solved in a timely manner in accordance with the law. We should organize and carry out special rectification for outstanding problems such as lax law enforcement, unfair adjudication, and bending the law for selfish ends; We should improve the judicial system for law enforcement, strictly implement the lifelong responsibility system for the quality of handling cases, improve the mechanism for finding, investigating and holding accountable for law enforcement mistakes, strictly investigate the causes and causes of problems in law enforcement and handling cases, and seriously investigate and deal with unfair and dishonest law enforcement behind wrong cases; We should take strengthening the openness of law enforcement, expanding the participation of the masses and accepting the supervision of the masses as an important part of handling legal and litigation related letters and visits in accordance with the law, so as to ensure justice and promote the interest of litigation

the opinions emphasizes improving the leadership system and mechanism. The political and legal affairs committees of Party committees at all levels should further clarify their functional orientation in dealing with law related complaints and visits in accordance with the law, and focus on policy guidance, law enforcement supervision, macro coordination and other work. Political and legal organs at all levels, as the main body of handling legal and litigation related letters and visits in accordance with the law, should adjust and enrich their working forces, establish and improve the working system, strictly implement their work, enhance the sense of political and legal police officers in handling legal and litigation related letters and visits in accordance with the law, further change the style of law enforcement, improve the ability of the masses to work, and strictly regulate, fair, civilized and honest law enforcement. Establish and improve a scientific and reasonable evaluation index system, change the evaluation method that simply takes the number of letters and visits as the main index, resolutely correct the tendency of emphasizing procedures over solutions and emphasizing stability control over resolution, and guide political and legal police officers to consciously prevent and actively resolve legal and litigation related letters and visits in daily law enforcement and case handling

the opinions emphasizes that the channels for letters and visits should be unblocked. Political and legal organs at all levels should change their ideas and take the work of letters and visits involving law and litigation as an effective way to listen to the opinions of the masses and improve law enforcement. We will further standardize the handling of letters and visits involving laws and lawsuits in accordance with the law, and resolutely put an end to all wrong practices of blocking normal petitioners; We will resolutely put an end to illegal or disguised restrictions on the personal freedom of petitioners. We will adhere to the system whereby leaders of political and legal organs receive visitors and read and approve letters from the masses. We will take measures such as, making letters and visits, video visits, and opening green channels to improve the integrated access network for letters, visits, making letters and visits, so as to provide a smooth and convenient channel for people involved in law and litigation to reflect their problems. We should regulate people's petitions in accordance with the law, guide petitioners to rationally express their appeals in accordance with the law, and seriously deal with illegal petitions

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