How to use legal thinking and legal methods to do a good job in petition work

Comprehensively implement level-by-level visits in accordance with the law. In April 2014, the State Bureau of Letters and Calls issued the "Measures on Further Standardizing the Acceptance and Handling Procedures for Letters and Calls and Guiding Visitors to Visit Level by Level in accordance with the Law", which clearly stipulated how petitioners should visit and how petition departments and other administrative agencies should accept and handle petitions. . After the central government implemented the level-by-level visit system, the leaders of the provincial party committee and the provincial government clearly requested that the Provincial Letters and Calls Bureau should promptly study and implement, do a good job in coordinating work, refine specific measures, effectively reduce the occurrence of cross-level visits and abnormal petitions, and promote letters and calls throughout the province. The situation continues to improve. The Provincial Letters and Calls Bureau has organized relevant personnel from provinces, cities and counties to conduct research and study in Beijing, Guangdong, Hubei and other places four times. It has fully learned from Beijing’s “one-way” handling work method, repeatedly solicited opinions and suggestions from all parties, and researched and formulated Henan’s step-by-step regulations in accordance with the law. The "Implementation Rules" for visits to the province stipulate in detail the scope of acceptance, disapproval, and no longer acceptance of visits by the masses, and put forward specific requirements. In accordance with the general idea of ??"pilot first, then roll out", our province has held Kaifeng on-site meetings, organized centralized training, held press conferences, produced TV interviews, answered questions from reporters on newspapers and radio stations, and printed and distributed pocket books and brochures. Effective form, vigorously promote level-by-level visits in accordance with the law, and strive to "consolidate two responsibilities and standardize two behaviors." "Consolidating two responsibilities" means consolidating the responsibilities of leaders at all levels and consolidating the responsibilities of functional departments at all levels. "Regulating two behaviors" means regulating the petitioning behavior of petitioners and regulating the work behavior of cadres at all levels, promoting a large number of petitions Problems are solved at the grassroots level. Since our province fully implemented the system of level-by-level visits in accordance with the law on December 1 last year, the number of people visiting Beijing and the province has dropped significantly. Since the beginning of this year, the number of cross-level visits and the number of people visiting the province have dropped by 38.4 and 25.6 respectively year-on-year. The drop in cross-level visits to Beijing has been even more obvious. The number and number of cross-level visits to Beijing have dropped by 44.8 and 59.2 year-on-year. The order of petitions has continued to improve.

Strictly implement the system of separation of complaints and visits. For some time, litigation and petitions have overlapped, and intra-legal and extra-legal settlements have coexisted, which has not only damaged judicial authority but also affected the normal order of petitions. The separation of litigation and petitions is conducive to safeguarding the country's legal authority and legal ecology, is conducive to actively, stably and sustainably protecting the legitimate rights and interests of the masses, and is conducive to the healthy and orderly development of petition work. In December 2013, the central government issued the "Opinions on Handling Law-Involved Petitions and Litigation Issues in accordance with the Law" (Zhongbanfa [2013] No. 26), and "Opinions on Innovating Mass Work Methods to Solve Outstanding Problems in Petitions" (General Office of the Central Committee of the Communist Party of China) Issue [2013] No. 27). Since 2014, the Provincial Letters and Calls Bureau has actively cooperated with the provincial political and legal departments to conscientiously implement the central government’s reform spirit of law-related and litigation-related letters and calls. In light of the actual conditions of our province, the political and legal authorities formulated and issued 9 institutional measures including the "Implementation Opinions on Handling Law- and Litigation-related Letters and Calls in Henan Province in accordance with the Law" to ensure that the work of law- and lawsuit-related letters and calls is carried out in a standardized and effective manner. For example, we should formulate a method for separating complaints and petitions, establish a ruling and introduction system, and the masses will "take their seats". Those who belong to petitions will go to petitions, and those who belong to the judiciary will go to the judiciary; establish an openness and transfer system, and those who should be in charge will not be given excuses to shirk, and those who should not be in charge will not be given excuses. without giving room for intervention; establish a transformation and poverty alleviation system, follow up on psychological correction and difficulty assistance, and guide the petitioners to return to normal life; establish and improve the joint reception of visits by political and legal agencies at all levels and the establishment of separate window reception mechanisms to effectively solve the problem of entry problems We will solve problems such as smooth procedures, idle procedures, and poor exports, and promote the resolution of legal and litigation-related petitions that involve the vital interests of the masses. In actual work, the Provincial Letters and Calls Bureau and the letters and calls departments at all levels insist on giving priority to statutory channels, strengthen the authoritative position of the law in resolving conflicts, and strictly screen complaints that have been or should be resolved through administrative review, arbitration, litigation and other statutory channels. Check and patiently educate and guide petitioners to submit petitions to relevant authorities in accordance with the law. Actively support the political and legal organs in handling legal and litigation matters in accordance with the law, respect the legal conclusions made by the political and legal organs in accordance with the law, and work with relevant functional departments to carry out education, guidance, assistance and conflict resolution, and strengthen the Analysis and research on the situation related to the separation of complaints and visits. At present, the total number of legal and lawsuit-related petitions in the province is showing a good trend of decreasing month by month.

Actively promote the "sunshine petition" model.

The "Decision" of the Third Plenary Session of the 18th Central Committee of the Communist Party of China clearly stated: Reform the petition work system, implement an online system for accepting petitions, and improve the mechanism for solving the reasonable demands of the masses in a timely manner. In April 2014, the State Bureau of Letters and Calls held a working conference on the construction of a national online petition information system in Huai'an, Jiangsu, requiring departments at all levels to rely on the Internet to build a national unified online petition information system to connect people's visits, letters, calls, online complaints, and videos. Complaints of different forms, such as petitions, are all accepted and handled by the online petition information system, achieving "three modernizations" (standardization of business processes, transparency of processing processes, and intelligent statistical analysis) and "three full coverages" (the forms of petitions, work (full coverage of the process and scope of work), to realize that the handling process and results can be queried, tracked, supervised, and evaluated, so as to reduce the cost of petitions and the hardship of traveling and working for the masses, and embody convenience, speed, and openness. The comprehensive implementation of "Sunshine Petitions" is a popular project that is in line with the interests of the masses, conforms to the development of the information society, and has great potential. Since the beginning of this year, we have focused on four things in our advancement: First, we have effectively implemented the construction and application of a comprehensive platform for the province’s online petition information system. Funds were invested to build a comprehensive platform for online petition information across the province, completing the migration of more than 10 million pieces of information system data since 2007, and the coding of nearly 8,000 administrative agencies and directly affiliated functional departments in cities, counties, and townships across the province. In March this year, 15 modules in the new system were successfully connected with the National Bureau of Letters and Calls, realizing the online circulation of letters and calls business. In order to ensure the smooth operation of online petition processing, the Provincial Letters and Calls Bureau held four new system application training courses after the Spring Festival, training more than 6,700 business backbones, and all of them were able to operate the system. In order to ensure the smooth operation of online petition handling, on the basis of extensive solicitation of opinions from all parties, in the name of the Provincial Joint Conference on Petition Work, a work plan covering letter handling, receiving visits, online complaints, supervision and review, review and review was formulated, in line with online petition handling The "Henan Province Online Petition Matters Handling Standards" required by the information system are required to continuously improve the standardization, standardization and legalization level of the province's petition work. The second is to continue to expand and smooth access channels. Improve practices such as green postal service, online petitions, telephone interviews, video interviews, city (county) hotlines, and petition agencies, and guide the masses to express their demands at the grassroots level more through letters, phone calls, videos, mobile text messages, etc. , solve problems. At the same time, we will further promote the implementation of the system for leading cadres to receive visits and review letters from the masses, focus on giving full play to the demonstration and leading role of party and government leaders, and concentrate on solving outstanding problems with letters and visits. The third is to comprehensively promote the evaluation of mass satisfaction. All petition matters requiring resolution that have been registered and accepted through the National Petition Information System for the first time will be included in the scope of mass satisfaction evaluation. Through business communication, special inspections, annual evaluations and other measures, we urge petition departments and relevant responsible units at all levels to effectively improve the timely acceptance rate and on-schedule processing rate of petition matters, forcing all levels to strictly implement their responsibilities and solve each case promptly and on the spot. public demands and continuously improve public satisfaction. The fourth is to establish and improve a system for collecting people’s suggestions. Effectively increase supervision and guidance, encourage relevant departments at all levels to conscientiously implement the "Opinions on Collection of People's Suggestions in Henan Province", innovate collection methods, broaden collection channels, improve working mechanisms, and better gather people's wisdom for the party committee and government , provide useful reference for scientific decision-making.

Coordinate and resolve the backlog of difficult petitions. The leaders of the Provincial Party Committee and the Provincial Government attach great importance to the work of resolving the backlog of difficult petitions. In April last year, in conjunction with the Party’s mass line education and practice activities, the General Office of the Provincial Party Committee and the General Office of the Provincial Government issued the “Guidelines on Implementing Provincial Leaders’ Packages to Solve Petition Issues” Opinions" (Yu Ban [2014] No. 8), which puts forward specific requirements for provincial leaders to package projects. The Provincial Letters and Calls Bureau continues to promote the implementation of the leadership package system, supervises and guides letters and calls departments at all levels, insists on regularly screening some key and difficult letters and calls cases, and submits them to local party and government leaders for subcontracting and resolution. It clarifies responsible leadership and resolution measures on a case-by-case basis, and strives to promote the realization of "cases" The matter has been settled, the complaint has been settled, and the petition has been suspended." This will effectively reduce the backlog of petitions. According to statistics, in 2014, provincial leaders took the lead in resolving 156 "three-crossing and three-separation" petition cases, and led city and county leaders to resolve 13,424 cases, with a settlement rate of 93.2.

In particular, in order to promote the implementation of the rectification opinions of the Central Inspection Team in Henan, the Provincial Letters and Calls Bureau effectively played the role of supervision and promoted the resolution of more than 26,000 backlog cases of various types of letters and calls. Due to the obvious results in resolving backlogged cases, the public's satisfaction with the petition department reached 76.8, ranking fourth in the country; the satisfaction with functional departments reached 57.7, ranking fifth in the country. In November last year, when the General Office of the Central Committee came to Henan for an unannounced visit, it fully affirmed the work of the petition department in resolving the backlog of cases.

Sound and improve the termination mechanism according to law. Improve and strengthen the review and review work on letters and visits. Conscientiously implement the spirit of the National Bureau of Letters and Calls' "Opinions on Improving the Review and Review Work on Letters and Calls Matters" and our province's "Opinions on Further Opening Channels for Letters and Calls and Strengthening Review and Review Work" (Yuzhengfu [2014] No. 2), and adapt to the comprehensive level-by-level visit system After the implementation of the new situation and new tasks, we will further improve the mechanism, optimize processes, standardize procedures, and strengthen responsibilities to achieve the orderly termination and exit of petition matters and minimize the occurrence of backlog of petitions. Further unblock the channels for review and review, standardize the scope of acceptance, timely include qualified petition matters into the review and review process, and make legal, objective and fair final conclusions. Continuously improve the authority of review and review, establish a talent pool of experts for review and review at the provincial level, and effectively strengthen the review, guidance and correction functions, and review difficult and complex petition matters through public hearings, consultations and reviews, etc. Review and improve work transparency and credibility. Since 2014, the provincial government has closed 2,990 petition cases in accordance with the law, effectively reducing the stock of petition cases.

Reform the assessment and evaluation accountability mechanism. In accordance with the State Council's "Regulations on Letters and Calls" and the "Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Innovating Mass Work Methods to Solve Outstanding Problems in Letters and Calls" (Zhongbanfa [2013] No. 27) and other policies and regulations, as well as the "Appraisal Measures for Letters and Calls" of the National Bureau of Letters and Calls and "Assessment and Scoring Detailed Rules", revise and improve the province's annual responsibility target assessment methods for petition work in accordance with laws and regulations, scientifically and rationally set assessment items and indicators, and highlight the assessment of timely acceptance rate, on-schedule completion rate and mass satisfaction rate of petition matters, Improve the scientificity, objectivity and credibility of the assessment, establish a correct orientation, consolidate responsibilities step by step, and encourage all localities and departments to focus on solving problems and resolving conflicts in a timely manner. Pay attention to the application of assessment results, insist on giving praise and encouragement to places with good work results, and communicate criticism to places with poor work results. If the non-implementation of work causes major petition issues and affects social stability, coordinate and promote the implementation of responsibility investigations by relevant localities and departments.

Effectively strengthen the publicity of the rule of law through petitions. In response to the current reform and innovation of the petition work, some cadres do not pay enough attention to the petition work and are not adapted to the new situation of petitions under the rule of law, as well as the small number of petitioners who "do not believe in the law", we focus on the implementation of the "Regulations on Petitions" of the State Council, Central Document No. 5, etc. Important regulatory documents, we will continue to do a good job in publicity and education activities such as the Publicity Month of the "Regulations on Letters and Calls", and insist on setting May every year as the centralized publicity month of the "Regulations on Letters and Calls". For example, on April 8 this year, the Provincial Bureau of Letters and Calls specially issued the "Notice on Carrying out Concentrated Publicity Activities for the 10th Anniversary of the Revision and Implementation of the "Regulations on Letters and Calls", requiring relevant departments in various places to give full play to the power of communication media such as radio, television, newspapers, and online media. Advantages, through government websites, newspaper columns, radio and television, mobile phone text messages, legal popularization WeChat and other media, we hold press conferences, answer reporters’ questions, record TV interviews, dispatch publicity vehicles, set up information desks, print and distribute white cards, organize knowledge competitions, Carry out cultural performances, dispatch legal publicity caravans, etc., and widely publicize the "Regulations on Letters and Calls" and other relevant laws and regulations through multiple channels and fields, and strive to make it a household name and everyone abides by it. Especially since this year, the Provincial Letters and Calls Bureau and the Provincial TV Station have jointly organized the theme column "Common People's Letters and Calls". By selecting typical cases of both positive and negative aspects, the resolution process has been publicly reported, and methods such as expert mediation and case-based explanations have been adopted to educate and guide the cadres and the masses to abide by the law. Petitions are broadcast once a week, and 8 issues have been produced and broadcast so far. It has enhanced the supervision, interaction and understanding of petition work from all walks of life, shortened the distance, shaped the image, and achieved good social effects.

In short, we will stand at the height of comprehensively promoting the rule of law and the province, thoroughly implement the relevant decisions and arrangements of the central and provincial committees on reforming the petition work system, and conscientiously implement the requirements of the "Three Stricts and Three Practicalities" , keep in mind the purpose, be truthful and pragmatic, work hard, pioneer and innovate, adhere to the rule of law thinking to lead the reform of the petition work system, use the rule of law to solve conflicts and problems, use the rule of law awareness to guide the masses to express their demands, and strive to improve the ability to do a good job in petition work in accordance with the law and level, and make new contributions to safeguarding the legitimate rights and interests of the masses and promoting social harmony and stability.