This is a draft of the street petition work system assigned by the leadership. All system designs are basically based on the soon-to-be-implemented “Guangdong Province Petition Regulations.” To meet local work needs, many personal understandings of petition work have been incorporated, forming a relatively complete workflow system.
Street Petition Work System
To thoroughly implement the provisions of the “Guangdong Province Petition Regulations” on the petition responsibility system, further standardize the petition work system, effectively resolve the most concerning and realistic interest issues of the people, maintain regional harmony and stability, and promote economic prosperity and development, according to the work deployment and requirements of the Street Party Working Committee and Office, the following plan is specially formulated:
I. Guiding Ideology
Guided by the “Guangdong Province Petition Regulations,” with the construction of street peace as the main line, focusing on solving prominent stability maintenance issues, through the implementation of the leadership reception system, further closely connect with the masses, resolve conflicts and disputes, further innovate social governance models, gradually achieve the transition from terminal stability maintenance to source stability maintenance, and create a good social environment for promoting the stable and rapid development of the street’s economy and society.
II. Work Objectives
Through the implementation of the leadership reception work responsibility system, timely grasp the dynamics of petitions, promptly and effectively solve prominent issues in the process of petition reception and mediation, ensuring “small matters do not leave the community, major matters do not leave the street, and conflicts are not escalated,” ensuring that the street does not experience collective visits to the city, or visits to the province or Beijing, and ensuring the stability and harmony of the street.
III. Organizational Leadership and Responsibility Division
Under the leadership of the Street Party Working Committee and Office, the Comprehensive Management Petition Stability Maintenance Center is responsible for coordinating the implementation of petition reception work, and the Party and Government Office is responsible for supervising the implementation. Matters involving comprehensive social management, conflict disputes, national security, judiciary, people’s mediation, anti-drug, cults, floating population, community correction, youth assistance, legal education, people’s armed forces, etc., are handled by the Comprehensive Petition Stability Maintenance Center. Responsible leader: . Matters involving village elections, daily affairs management, disabled services, immigration, urban and rural residents’ medical and social insurance, etc., are handled by the Civil Affairs Office. Responsible leader: . Matters involving discipline inspection, inspection, institutional style construction, administrative convenience service center, family planning, party and government affairs disclosure, etc., are handled by the Party and Government Office. Responsible leader: . Matters involving organizational personnel, labor disputes, grassroots organization construction, administrative system reform, etc., are handled by the Party and Government Office and Labor Office. Responsible leader: . Matters involving women’s rights protection, health, culture, sports, intellectual property, news publishing, radio and television, etc., responsible leader: . Matters involving armed forces, civil affairs, reserves, civil air defense, forest fire prevention, etc., responsible leader: . Matters involving united front, tourism, Guizhou-Guangdong projects, CPPCC, ethnic religion, foreign affairs and overseas Chinese affairs, etc., responsible leader: . Matters involving agriculture, forestry, water affairs, aquaculture, animal husbandry, rural work, rural accounting services, livestock slaughter, etc., responsible leader: . Matters involving economy, finance and taxation, industry and commerce, environmental protection, fire safety, production safety, emergency management, pyramid schemes, etc., responsible leader: . Matters involving key project construction and services, statistics, power supply, water supply, supply and marketing, price, street assets and financial audit, etc., responsible leader: . Matters involving education, community, highways, transportation, waterways, etc., responsible leader: . Matters involving land and resources, housing and urban-rural construction, urban and rural planning, comprehensive urban management, health villages, “three old” reconstruction, market property, key project land acquisition and demolition, etc., are handled by the Urban Construction Office. Responsible leader: .
IV. Petition Matter Acceptance System
(1) Matters to be Accepted
Upon receiving the following petition matters proposed by the petitioner, they should be registered and the petitioner should be informed in writing or through other contact methods provided by the petitioner within fifteen days:
- Suggestions and opinions on the political, economic, cultural, social, and ecological construction within the jurisdiction of this street;
- Suggestions and opinions on the daily work of this street or its staff;
- Requests within the authority of this street but not resolved through litigation, arbitration, administrative reconsideration, and other legal channels;
- Petition matters reviewed or re-reviewed by this street or other petition matters within the legal authority of this street.
(2) Matters Not to be Accepted
The following matters should be proposed to the relevant authorities through legal procedures such as litigation, arbitration, administrative reconsideration, etc., and will not be accepted. The petitioner should be informed in writing or through other contact methods within fifteen days:
- Civil disputes between citizens, legal persons, and other organizations, and civil disputes caused by this street’s participation in civil activities.
- Disagreement with specific administrative actions of this street.
- Labor disputes between workers and employers.
- Disagreement with arbitration awards made by the arbitration committee, or civil, criminal, or administrative judgments, rulings, or mediation agreements that have already taken legal effect.
- Litigation, arbitration, and administrative reconsideration cases legally concluded by relevant state authorities.
- Illegal land occupation by citizens, legal persons, and other organizations, and disputes over land, forest land, forest ownership, and use rights between units.
- When five or more people propose joint petition visits, representatives should be elected. If representatives are still not elected after persuasion.
- Other matters stipulated by laws and administrative regulations to be resolved through legal channels.
(3) Matters to be Mediated
The following matters should be mediated upon the parties’ request. If mediation fails, the parties should be informed to apply to the relevant authorities for further handling:
- Disputes over land, forest land, forest ownership, and use rights between individuals or between individuals and units.
- Rural land contract management disputes.
- Civil disputes between citizens, legal persons, and other organizations, where the parties apply and all agree to mediation.
V. Petition Matter Handling System
(1) When handling petition matters, a responsible person should be designated, and the matters should be handled promptly, fairly, and justly in accordance with laws, regulations, or other relevant provisions, and the handling situation should be registered and archived. (2) When handling petition matters, the petitioner’s statements of facts and reasons should be listened to; if necessary, the petitioner, relevant organizations, and personnel may be required to explain the situation, or other organizations and personnel may be investigated and verified, and relevant organizations and personnel should cooperate. (3) If the petition staff has a direct interest in the petitioner or the petition matter, they should recuse themselves. (4) The responsible person should solicit the petitioner’s suggestions. The petitioner’s reflections and suggestions should be carefully studied, and if they are beneficial to improving work and promoting economic and social development, they should be actively adopted and fed back in an appropriate manner. (5) Accepted petition matters should be investigated and verified, and the following handling should be made, with a written reply to the petitioner, and if necessary, the relevant authorities or units should be urged to execute: 1. If the facts of the request are clear, and the reasons for the request comply with or partially comply with laws, regulations, or other relevant provisions, support or partial support should be given; 2. If the facts of the request are clear, and the reasons for the request are reasonable but lack legal, regulatory, or other relevant provisions, an explanation should be made to the petitioner; 3. If the request lacks factual basis or the reasons for the request do not comply with laws, regulations, or other relevant provisions, no support should be given. (6) The written reply should specify the specific petition request, the factual determination of the petition matter, the handling opinion and basis, and the relief path and time limit for disagreeing with the handling opinion. (7) When handling petition matters, administrative mediation, people’s mediation, etc., can be conducted according to law; if a mediation agreement is reached and fulfilled, the mediation agreement can be used as the basis for concluding the petition matter. (8) Petition matters should be concluded within sixty days from the date of acceptance; in special circumstances, the handling period should not exceed ninety days, and should be approved by the street leader, and the petitioner should be informed of the reason for the extension. (9) For petition matters transferred by higher-level and other departments that require feedback on the handling results, the responsible person should submit a conclusion report within the prescribed handling period, and the Street Party and Government Office should feedback the results to the transferring and assigning authorities.
VI. Petition Responsibility System
(1) Strengthen the Responsible Person Responsibility System
The first responsible person for petition matters is the responsible person for petition matters and petition staff must use legal, policy, administrative means and education, consultation, mediation, guidance, and other methods to ensure that petition matters are resolved legally, promptly, and locally. If the responsible person for petition matters and other responsible personnel have a simple and rude work style, perfunctory, evasive, or do not fulfill the petition work responsibilities they should fulfill, leading to intensified conflicts, causing escalated visits, multiple visits, and repeated petitions, they will be strictly held accountable in accordance with relevant laws and regulations. If petition matters involve multiple departments, the lead department should handle and uniformly reply to the petitioner, and do a good job of corresponding persuasion and explanation. The lead department should work with relevant departments to jointly study and handle petition matters; for major, complex, and difficult petition matters, relevant departments can be organized to jointly handle them.
(2) Strictly Comply with Petition Work Regulations
- Petition staff should work seriously, patiently, and responsibly, and should comply with the following regulations when receiving petitioners and handling petition matters:
- Civilized reception, carefully listen to the petitioner’s statements, and should not make things difficult or discriminate against the petitioner;
- Follow the petition work procedures, handle petition matters fairly according to law, and should not ignore or evade, perfunctory, or delay;
- Should not engage in favoritism, accept gifts, or solicit or accept bribes;
- Comply with the confidentiality system, should not disclose work secrets, should not disclose complaint materials and related situations to the complained object, and should not disclose information that the petitioner requires to be kept confidential;
- Store petition materials according to regulations, and should not lose, tamper with, conceal, or destroy petition materials without authorization;
- Other regulations that should be complied with according to law.
(3) Implement the Petition Responsibility System
The responsible department and responsible personnel should resolve petition matters legally and promptly. If any of the following behaviors occur, they should be corrected. If serious consequences are caused, the directly responsible responsible person and other responsible personnel should be held administratively or criminally responsible in accordance with laws, regulations, and relevant provisions:
- Failure to accept petition matters within their legal authority, failure to register, transfer, or hand over as required;
- Failure to perform supervision and supervision duties, evading, perfunctory, or delaying the handling of petition matters, failure to conclude petition matters or reply to or inform the petitioner within the legal time limit;
- Failure to go to the scene to handle or improper handling of major and urgent petition issues;
- Failure to support matters with clear facts and reasons for the request that comply with laws, regulations, or other relevant provisions;
- Interfering with or obstructing the petitioner’s legal petition activities, restricting or restricting the petitioner’s personal freedom in disguise, or retaliating against the petitioner, with a rude work style, intensifying conflicts, causing mass incidents and causing significant social impact;
- Other violations of laws and regulations.
In the process of petition problem investigation, if any of the following behaviors are found to have caused the occurrence of petition problems and caused serious consequences, the relevant responsible personnel should be punished in accordance with laws, regulations, and relevant provisions. If a crime is constituted, criminal responsibility should be pursued according to law:
- Violating laws, regulations, or other relevant provisions in decision-making, seriously damaging the legitimate rights and interests of citizens, legal persons, or other organizations;
- Exceeding or abusing authority, infringing on the legitimate rights and interests of citizens, legal persons, or other organizations;
- Failure to act as required by law, infringing on the legitimate rights and interests of citizens, legal persons, or other organizations;
- Due to intentional or gross negligence, leading to errors in fact determination, or errors in the application of laws and regulations, infringing on the legitimate rights and interests of citizens, legal persons, or other organizations;
- Violating legal procedures, infringing on the legitimate rights and interests of citizens, legal persons, or other organizations.
VII. Petition Matter Workflow
(1) Registration
Petition matters proposed by petitioners through visits, letters, the internet, fax, etc., and petition matters transferred or assigned by other departments, are uniformly registered by the front desk of the Comprehensive Management Petition Stability Maintenance Center. During registration, the petitioner should be informed of the petition work process. For matters that can be judged on the spot as not within the authority of our street, the petitioner can be informed in writing on the spot after registration to apply to the relevant departments. If the petitioner repeats the petition for matters that have been concluded within thirty days from the date of receiving the written reply, it will not be registered, and the petitioner will be informed on the spot to apply to the municipal government for review; if the written reply has been received for more than thirty days and no review has been applied for according to law, it should be registered.
(2) Review
Registered petition matters should be distinguished and the petitioner should be informed in writing or through other methods within fifteen days whether they are accepted. For petition matters within the authority of this street, they should be accepted; for petition matters that should be handled by other state authorities according to law, the petitioner should be informed to apply to the competent state authorities; for matters that should be resolved through legal channels such as litigation, arbitration, administrative reconsideration, etc., they will not be accepted, and the petitioner should be informed to apply to the relevant authorities according to the procedures stipulated by relevant laws and regulations.
(3) Diversion
Accepted petition matters should be determined by the responsible department and responsible person according to the category of the matter and the division of labor of the various parts and leaders of this street. After determining the responsible person, the registration personnel should immediately transfer the case materials to the responsible person. For matters involving multiple departments, the common responsible leader should designate one department as the lead, and other departments as co-handlers. Each department bears equal petition responsibility. If the responsible department and responsible person cannot be determined according to the division of labor, the Comprehensive Management Petition Stability Maintenance Center will handle it. If the petition staff has a direct interest in the petitioner or the petition matter, they should recuse themselves, and the recusal decision should be made by their responsible leader.
(4) Handling
The responsible department and responsible person should handle the relevant petition matters promptly, fairly, and justly after receiving the case materials. When handling petition matters, the petitioner’s statements of facts and reasons should be listened to, and if necessary, relevant organizations and personnel may be required to explain the situation, or other organizations and personnel may be investigated and verified, and relevant organizations and personnel should cooperate. If it is found during the handling process that the petition matter is not within the authority of this street or this department, the responsible leader should be reported in time, and depending on the situation, the handling should be concluded or transferred to other departments for continued handling. If it is found more than thirty days after receiving the case materials that it is not within the authority of this department, it will not be transferred to other departments for handling, and the first responsible person should continue to handle it, and if necessary, relevant organizations and personnel may be required to cooperate. During the handling process, if the petitioner complains about the handling personnel’s job behavior, it should be verified and handled by the department or relevant functional department where the handling personnel are located. During the handling, the responsible leader of the department where the handling personnel are located can decide whether the handling personnel continue to handle the petition matter. After investigating and verifying the petition matter, different handling should be made according to the investigation and verification results, and a written reply should be made to the petitioner. For matters with clear facts and requests that comply with or partially comply with the regulations, support or partial support should be given; for matters with clear facts and reasonable requests but lacking corresponding basis, an explanation should be made to the petitioner; for matters lacking factual basis or request matters that do not comply with the regulations, no support should be given. The written reply should specify the specific petition request, the factual determination of the petition matter, the handling opinion, basis, and the relief path and time limit for disagreeing with the handling opinion. During the handling process, if a mediation agreement is reached and fulfilled through administrative mediation, people’s mediation, etc., the mediation agreement can be used as the basis for concluding the petition matter. Petition matters should be concluded within sixty days from the date of acceptance; for complex situations, the handling period can be appropriately extended with the approval of the responsible person of this street, but the extension period should not exceed thirty days, and the petitioner should be informed of the reason for the extension. For petition matters transferred or assigned by other state authorities that require feedback on the handling results, the responsible person should submit a conclusion report within the prescribed period, and the Street Party and Government Office should feedback the results to the transferring and assigning authorities.
(5) Conclusion and Archiving
To conclude petition matters, the case details should be noted in the case details table, and the conclusion situation should be confirmed by the petitioner’s signature. If the petitioner is out of town or has other special circumstances that make it difficult to confirm the signature, the reason should be noted. All case materials involved in the concluded petition matters should be immediately transferred to the front desk of the Comprehensive Management Petition Stability Maintenance Center after conclusion. The front desk should register the conclusion situation in time. For concluded cases, the relevant archiving responsible personnel should complete the binding and archiving work within three months.
(6) Relief
If the petitioner disagrees with the handling opinion, they can request the municipal government to review within thirty days from the date of receiving the written reply. When the higher-level review authority reviews the petition matter, the original responsible department and responsible person should actively cooperate with the review work. If the review authority does not make a review opinion within thirty days or the petitioner disagrees with the review authority’s review opinion, the petitioner can request the higher-level administrative authority of the review authority to re-review within the legal time limit or within thirty days from the date of receiving the written reply. The re-review opinion is the final opinion for handling the petition matter. If the petitioner disagrees with the re-review opinion and still proposes a petition request based on the same facts and reasons, the state authority will not accept it. If the petitioner does not apply to the higher-level administrative authority for review within the legal time limit and repeats the petition for concluded petition matters, after confirming that the conclusion situation complies with relevant regulations, this street should apply to the higher-level administrative authority for verification. The verification conclusion made by the higher-level administrative authority is the final opinion for handling the petition matter. If the petitioner disagrees with the verification conclusion and still proposes a petition request based on the same facts and reasons, the state authority will not accept it.