Analysis of long-term mechanism police petition

Abstract police petition work is to resolve disputes, maintaining social stability is an important work. It is the building of a harmonious relationship with the public or a barometer of public security work is related to the overall image of the public security organs with an important subject. Therefore, actively explore, research, public security petition work to establish long-term mechanism for solving the problem police petition, the petition work to promote a virtuous cycle to promote the public security organs of law enforcement standardized construction, maintaining social harmony and stability are of great practical significance.

Paper Keywords police petition long-term mechanism innovation

To ensure the 'Petition Ordinance' in thoroughly, adhere to both resolve conflicts and prevention at source, improve the mechanism and innovative approaches in parallel, standardized order and open channels of both the working principles, from the overall aim to treat the petition work, with the scientific development perspective on letters and questions From improve its ability to recognize letters and questions height, consciously put the petition work with various businesses work closely together, so that police petition work made significant progress in building long-term mechanism.

First, by clarifying responsibilities and improve the working mechanism of the petition

First, the establishment of public security petition work 'number one' project. Ministry of Public Security Party has always attached great importance to the petition work. 2005 State newly revised 'Petition Regulations' promulgated, the Ministry of Public Security to quickly set up a petition work leading group, given its leading and coordinating Ministry of Public Security and the local public security organs at the same level of responsibility petition work, which lasted four national public security organs start month (May 2005 to September) of the 'open big liberating' activities. 'Open the door great liberating' activities in the core content of the masses of Public Security Secretary reception day system, the Ministry requested the provincial public security organ or monthly leadership team members receive people visiting at least once, the city and county public security authorities are responsible for or leadership team members received monthly visits masses less than 2 times, this requirement is called the public security letters 'number one' project. Seriously and deal with each case letters together, the 'number one' project became public security organs from top to bottom, the real long-term mechanism police petition.

Second, the establishment of departments of the police handling petitions received accountability mechanisms. Police petition work required to establish long-term mechanism number one overall responsibility, in charge of the leadership in charge of various departments of the police duties, and make concerted efforts petition accountability mechanisms. Adhere to the 'territorial management, graded responsibility, who is in charge, who is responsible' principle, clearly responsible units, which form the relevant business units regularly receive people visiting the department of the police handling the petition reception problems working mechanism. If the brothel is located in Beijing's Ministry of Public Security People's Petition alley reception, Public Security Bureau is responsible for some of the major business comrades staff a petition to do with the reception the people visiting: the public security organs to carry out community policing system combines and rural police building, organizational police investigation and all kinds of contradictions and disputes, formulated and issued security system to promote standardization of the construction work of the views of law enforcement, public security cases handled gradually straighten out the guidance system, but also specifically for security mediation in question is apt to cause mass petition issued a 'Public Order Mediation norms '; Ministry of Public Security Bureau of Criminal Investigation Bureau adhere to regularly send to the Ministry of Letters and Visits Office Reception leadership petitioners also fixed two cadres weekly to the Ministry of Letters and Visits Office liberating two days, to establish a' liberating leadership, expert consultation, case supervision , Monthly Bulletin 'as the main content of the criminal investigation petition work long-term mechanism, combined with a variety of special operations, pay close attention to the source of the problem of governance petition.  Bi discipline public security organs to do, Inspector brigade, Legal Division, the Criminal Investigation Brigade, law and order brigade, traffic police brigade and the police station to identify a leader in charge of dealing with complaints, a police responsible for dealing with complaints, clarify responsibilities and requirements, so that the petition issue is Some people do things, pieces of one tube. Meanwhile police organization deep into the grassroots masses, and strive to resolve the complaint issues at the local, but also strive to resolve contradictions of social forces, thereby reducing duplication and leapfrog petition. Petition letters and visits from the office to do a monthly and quarterly analysis of correspondence analysis, reflecting key issues highlighted letters and visits excerpt, situation analysis report and informed the Bureau and all units of the police.

Third, the setting mechanism, and strengthen institutional strengthening public security letters. National 22 provincial public security organs established an independent division-level public security departments petition; 2005 established the Ministry of Public Security Bureau of Economic Investigation Department law enforcement supervision, the department responsible for the supervision and enforcement of the petition, the latter in October 2009 to the office of law enforcement supervision , to enhance the level of preparation also increased, to strengthen the organization and leadership department petition work. At the same time, the provincial Economic Investigation Department were also set up a petition work specialized agencies, municipal Economic Investigation Department established a specialized agency or appoint a special officer responsible for dealing with complaints.

Fourth, we should first take responsibility and petitions contractor accountability, leadership package case responsibility, to Beijing to petition the Office provincial responsibility. For the first time to accept petitions and civilian police units petitions admissibility stage is the first pick responsible units and persons responsible for the registration of petitions, reception, preliminary examination, transferred, assigned, written notification and so on. For the first time to accept petitions units, police and concrete contractors petitions units, the police should adopt a highly responsible spirit, dedication, enforce the law impartially, strictly perform their duties. For major, difficult petitions, each processing unit leadership package case. Beijing to petition for the provincial matters, arrange for someone to handle. Liaoning Province, the public security organs to carry out an initial letter of each quarter, the first visit pour liability case investigation work. Provincial Public Security Bureau will be in September 2009 to the end of January 2010 occurred in more than 300 cases of first-time visitors as initially believed the first responsibility of reversing the investigation case, after careful verification, a group of police duty according to discipline being processed. 

Second, from the source to prevent and reduce the working mechanism of petitions

First, strictly regulate law enforcement. First, strengthen accordance with the law, administration philosophy, and actively create learning, understanding, usage, law abiding atmosphere, using a variety of ways petition organized special training police, legal literacy efforts to improve police and law enforcement level, to improve the petition cadres overall quality, enhance the ability to solve problems petition level. Second, establish a new system, strengthen the legal construction of public security letters. 2005 Ministry of Public Security promulgated and implemented the 'public security organs petition work regulations' (hereinafter referred to as 'Regulations'), the 'rule' and the subsequent birth of 'the ministry petition work on the establishment of a sound long-term mechanism of opinions', 'Ministry of Public Security on regulating the public security organs petitions end the work of guidance, '' further strengthen and improve Complaint Letters and Visits Work 'and a series of rules and regulations were introduced, there is a legal basis for police petition work and normative guidelines, marking the start of the public security steps petition into the standardization and systematization of the track, but also laid a police petition work institutionalization foundation. Public security organs have gradually improved police petition system construction. Such as Hunan Public Security Bureau in conjunction Xiangxiang Xiangxiang actual work, according to the 'Petition Ordinance' and 'Hunan public security organs for petition cases Interim Provisions', were introduced and revised 'Xiangxiang Municipal Public Security Bureau petition work regulations', 'Xiangxiang PSB petition work system ',' Xiangxiang City Public Security Bureau reception day system ',' Xiangxiang Municipal Public Security Bureau joint petition work system ',' Xiangxiang Municipal Public Security Bureau Petition relief fund management approach 'and a series of system and gradually formed a complete system to adapt to the actual work Xiangxiang system, effectively ensuring public security petition work Xiangxiang standardized development. Again, pay close attention to implementation, to ensure execution. Enforcement activities not only the law, but also have laws to follow. In order to further strengthen the supervision of law enforcement, should be activated hierarchical supervision, specialized supervision and social supervision, and other monitoring tools, and effectively put responsibility on the yoke of authority, violations should be investigated, damages for infringement.

Second, to establish petitions accountability system. Give full play to the petition question 'barometer', 'mirror' effect, improve and implement petitions responsibility and accountability system down search. If it is due to an error caused by law enforcement and law and discipline petition, accountability to the parties and the leaders; if it is because 'Chilled horizontal push' other causes of repeated letters and leapfrog petition, depending on the extent of work and the impact of violent serious of party and government discipline. At the same time, continue to strengthen public security responsibility to implement the petition work, establish and improve assignments, supervise the handling, the Secretary of the petition deadline supervision responsibility system. That is, each petition cases since, first assigned, clear leadership package case, the first responsible person, the organizers police, handling requirements, unified assigned; difficult case letters on the petition by the Bureau of the leading group study, conducted supervise the handling, supervise the handling of per case letters on the LAN set up the working platform to establish a working log, recording and reporting daily progress of work and conduct, and urges the responsible units and responsible person will work put in place; difficult case letters for emphasis is on responsible leadership and Secretary an obligation issued by the Secretary personally supervise the order deadline, ordered deadline gone through, and to report progress to the Secretary at any time.

Third, strengthen supervision. Put the responsibility on the yoke of authority to prevent the abuse of power and the power of alienation. Suppress the desire for power, wealth desire, greed and other bad ideas inflated last resort is to strengthen supervision. Through the strong law enforcement supervision, and make sure power comes with responsibility, with the right subject to supervision, illegal should be investigated, damages for infringement. Grasping petition work supervision is to achieve public security work and interests of the masses 'win-win' effective protection. In the internal oversight, give full play to the discipline inspection, supervision, inspectors and other departments of the role of the legal system, from law enforcement investigators, serving the people, disciplined, work style and other aspects of supervision. Public security organs will petition cases and criminal, security, transportation, economic and other law enforcement susceptible to corruption cases as assessment investigation, adopt self-examination, peer review and the higher checks, etc., caused by the behavior of law enforcement to focus on assessment case letters investigation. Through case assessment investigation, find law enforcement issues, to make up for mistakes of law enforcement, and improve enforcement system, to resolve petition issues, and constantly promote the petition work of legalization and standardization run; external supervision, the implementation of police open, the sun operation, acceptance from the community direct supervision of the masses will be investigated and dealt with promptly informed of the findings masses. Some of the public security organs showing through the office bar, determined leadership package case, the responsible departments, police and gone through the time and other responsibilities and accept supervision by the masses; establish supervision difficult case letters hearing system, as far as possible to invite a wide range of representatives and the petitioner to attend the hearing, to accept social supervision. Public security organs at all levels attach great importance to the masses of complaints, verification solving complaints reflect Petition Letter problems involving the police. Changsha formulated as the fire brigade ',' big visit 'long-term working system' is divided into six parts, the third part provides for the establishment masses online petition cases complaints handling system. 2006-2009, the national legal departments through administrative reconsideration decision to withdraw, change, confirm illegal, and ordered to perform duties such as error correction directly more than 6200 pieces; withdraw their applications through an indirect way of correction of 1.8 million pieces, effectively safeguarding the parties the legitimate rights and interests, to prevent and reduce the occurrence of a large number of letters and questions.  half-grown beans Shenyang City public security organs through periodic on-site visits mechanism, listen to their opinions, reporting progress, inform findings, active helping predicament, build petitioners right quick access. Petition responsibility inquire through mechanisms that do not perform their duties according to law, the work is not in place, be strict liability inquiry, the implementation of the first assessment choose excellent 'one-vote veto.'
Fourth, strengthen the stability control. Public security organs at all levels to safeguard stability as the top priority, establish and perfect the petition signs hidden investigation and mediation mechanisms, lead to affect the stability of various types of petition information, to implement timely reporting and handling system, efforts to solve tendentious, budding petition information , the focus of the work in the petition process after the reception prior to mediate the transfer to come. Effectively grasp the important nodes, major celebrations and politically sensitive period for wrapping visit, visit downtown and mutual focus of the implementation of the series of letters and dynamic stability control weather, to ensure stability control in place. For each object are created by the municipal leaders, bureau responsible leadership, stability control first duty station and stability control police and village information liaison four constitute stability control panel, stability control objects on the implementation of 24-hour tracking stability control, to ensure that foolproof.

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Third, establish a sound working mechanism petition

First, to further smooth channel letters. Reform the traditional 'visits' mode by regular visits to accept mass appraisal system and the implementation of police officers visited the online mode components. Ministry of Public Security has established a People's Daily, Xinhua, 'for ministries leader said' column netizens message handling mechanism, and actively guide the masses from the 'visit' to 'petition', 'network access.' Masses and the police chief to establish 'zero distance' of the demand channel, real-time collection and control the masses reports and complaints are of great significance. Such as Liaoning Provincial Public Security Department since April 19, 2010 received letters from the video business will be implemented in future petitioners do not have to wait until the 10th of each month for a fixed liberating day, as long as the application is made (where the City Complaints Bureau to apply, 2-3 workdays decision), and the Provincial Public Security Department can be via video or leadership of the Council at any time to communicate. In addition, the Liaoning Provincial Public Security Bureau in the original people to visit, to letters, phone visits, Internet petition, under the leadership of the Office linkage linkage liberating visits and videos on the basis of the official opening in early 2010, the country's first provincial public security organs petition SMS platform , number is 15504000400. So far, the public security organs in Liaoning Province opened channel letters reached seven, including all contact details. Petition SMS platform focusing on legal and litigation admissible class letters and questions. Petition POLICE SMS platform is following the 'Report Center', '12110 SMS alarm platform,' one after another convenient information initiatives. It opened to facilitate people with disabilities and the specific circumstances inconvenient to use other methods masses petition personal aspirations. Petition Petition SMS platform to further expand the channels, improve the way people express their demands, reducing the cost of people's petition, but also to achieve a new communication tools to work with the police petition effective interaction. Liaoning province, 14 municipal public security organs have been established with reference to all the ministries mode petition SMS platform.

Second, the implementation of major, difficult petitions sent Steering Group or expert consultation and hearings system to ensure a fair deal case letters. For major, difficult petitions, bureau, the Council, and of the county (city) Bureau petition departments organize relevant departments, the police kind of business experts 'consultations', if necessary, hold hearings, inviting NPC deputies and CPPCC members, experts and scholars, legal advisers, the news media and the petitioner's relatives attended, through questions, debates, comments, collegiate, etc., to clarify the facts, truth, law and public verification of the results. From April 2006 onwards, the Ministry began to petition the province sent a heavier task liberating Steering Group, focusing on key case letters assigned by superiors supervision, safety and security during major events carried out long-term mechanism to promote the implementation of the petition work, summed excavations typical experiences and characters, etc., in conjunction with the local public security organs to carry out supervision and joint petition liberating work. Up to now, has sent 22 batches, 81 liberating steering group to 19 provinces, municipalities, autonomous regions, effectively promoted the petition to the local work. Anhui provincial public security organs in the province petition supervision commissioner system gradually established annually from the Office of organs newly appointed deputy division level and above cadres election petition Supervisory Commission in batches, each consisting of three people, each lasting six months. The province's city and county public security organs have two practices with reference Provincial Public Security Department, have established a petition supervision commissioner system.  Feng Shenyang City public security organs to implement case of joint expert consultation system, the formation of leadership and research to do, compartmentalized integration process, police will work together, upper and lower linkage tackling petition work pattern. Since 2006, Shaanxi public security organs to pay close attention to the extraordinary efforts and initiatives police petition work, insist on the implementation of 'liberating leadership of the Office', 'police home the next visit,' 'expert consultation' and many other mechanisms; focused foundation work, the province All municipal public security organs at the county level and 80% of the public security organs have achieved standardization and file the petition reception building compliance goals.

Third, the grass-roots level, change their work style. 'Take the case of the visit' to remote areas petitioners; 'active Yue Fang' sub-time visiting the masses; 'to visit' with physical disabilities petitioners; targeted for a return visit is difficult to completely focus on solving XinFangJian (leaders personally visits, candor, and timely explain), the initiative to apply for petitions petitioners feedback on progress, tracking the results, to prevent leapfrog petition. Such as Shenyang City, through the initiative Yue Fang, with the case the next visit, door visits, distance guidance grass-roots work, face to face to listen to the petitioner demands from different angles to explore ideas to solve difficult cases. City and county levels, public security organs leaders liberating at least once a month, the other members of the team liberating at least twice a month on the 10th for the global leadership team to visit Japan next linkage.

Fourth, according to the law, according to the policy handle petitions. Public security organs in accordance with the facts are clear, the evidence is conclusive, qualitatively accurate, complete procedures 'four standards' and the problem is not to identify left off, the problem is not resolved to live, non-stop access to income v. petitioner left off 'three hold off 'principle, strictly according to law petitions to ensure that the processing of petitions fairness and justice. By law, petitions handled in accordance with policy requirements are strictly grasp the other legal, policy limits, not because of changes tied visit downtown to visit the correct conclusion, not to leave it alone and chaos chap. If the petitioner vexatious interviewed, pointed out and discourage their wrongdoings, if the petitioner does not listen, they have to deal with according to law; those rational but emotional extreme petitioner, both to enlighten them with reason, and to divert them to be properly handled, Avoid leapfrog petition. Such as hand drawn Xiangxiang City Public Security Bureau set up a special working group order petition, the city's illegal petition, wrapped visits downtown pick the first person to visit the crackdown. Such as Qinghai public security organs across functions into full play the role of party committees and governments to take back aboard with petitioners seven provinces of the two dissuasion wrapped visit practiced law officers visit downtown reeducation through labor. Petition for long-term psychiatric patients, submitted to the relevant government departments to send resolutely compulsory treatment to prevent them from causing harm to society.

Fifth, strengthen the incentive mechanism to mobilize the enthusiasm of the staff petition. Currently, the grass-roots public security organs cracked the case for widespread, security management and team building rewards high reward low on the reality of dealing with complaints. Work to improve the status of the petition, we should petition work incentive and public security organs and other businesses supporting synchronous work with investigating this case, security management and team building and other work with the same penalty award. On this basis, the establishment of police work to solve the problem file the petition, and as the police first assessment, Jin Zhi, rank-conferring of reference, to create a liberating than in the global services of interest to visit in achievements good working atmosphere. Actively carry out the award in recognition of outstanding First Man soldiers activities to create 'big visit' loving practice a thick atmosphere, the city's troops should promptly publicize the 'big visit' activities emerged in the typical character and deeds. Through television, radio, newspapers, Internet and other media, to take hold 'police camps open,' 'Love Note Fire' and so loved by the masses in the form of extensive publicity to the community and the fire brigade fire brigade deeds First Man to create police Edmonton, China owns police atmosphere. At the same time, to raise the full-time staff post allowance petition, the petition cadre exchange rotation system and other mechanisms to enhance the concept of the masses of cadres, improve the work of the police petition enthusiasm and level of work. Police petition mechanism innovation of improvements:
First, continue to promote the innovation and experience, to make it more widely and mature. Police petition work long-term accumulation, we have formed with Chinese characteristics and the characteristics of the work of public security mechanisms, such as the number one project, supervision and expert consultation system, hearings, petitions accountability of the police classification management system, a wide range of channel letters , lawyers involved in the petition and other cases. However, the above petition institutional innovation from the geographical point of view, some limited to a city, some limited to a particular region; Some systems are long term, while some systems are temporary. Therefore, it is necessary to have experience in innovative reform petition for stronger and bigger, the public security organs in the country within the promotion.

Second complaint authorities have independent status, be able to just law. In practice, the petition addition to monitoring, dispute resolution, listen to voice of the people, reflecting public opinion, while maintaining stability of the basic design of the system of social responsibility, but also 'became superior to other administrative remedies even judicial relief last straw' or ' Finally a Maginot Line. ' Petition institutions to bear so much responsibility, it is necessary to have the appropriate authority to maintain the normal operation of the mechanism. In the design of the system, our bodies do not have the administrative petition the functions and powers, there is no independent authority deal with the problem, or even a single sequence of national institutions, so it can only assume the 'Upload the next turn,' the program features, not it is impossible to solve the country should bear some responsibility authority for social affairs, so that no rice petition departments in embarrassment. Lost the backing of executive power, the lack of authoritative and binding letters, letters and visits from the masses reflect the problems difficult to solve, so that the high administrative costs of social management,  petitioners often do not put their hopes in the petition institutions themselves, but hope that through complaint authorities seek to really solve the problem of organization and leadership. When the complaint authorities can not meet the petitioner's this requirement, they will leapfrog petition, or simply looking for leadership and leadership leadership leadership rushed into the office or even to take the leadership of the vehicle containment approach appeals to the leadership.

Ombudsman's system is similar to the Chinese system of administrative supervision of the petition, the independence of the ombudsman system is a necessary condition for an effect. Their independence as follows: The Ombudsman is a corporation sole with perpetual succession, to participate in the proceedings in his own name, with full autonomy, independent personnel authority and financial powers; Commissioner's salary or other benefits from the general revenue; The Ombudsman is personally signed by the Chief Executive appointed in writing, the Ombudsman only to resign, or inability to discharge the functions of behavior is not the time, the Council may by resolution and then dismissed by the Chief Executive. We can learn from Hong Kong ombudsman system, giving complaint authorities to independence.

Third complaint authorities have sufficient authority to be able to independently handle letters and questions. The right to petition the only organization in our investigation, but no independent authority deal with the problem. According to the 'Petition Regulations', the petition is submitted to the main body work, forwarding, transfer and inform the other, and the only directly handled by the receiving agency lacks how to handle matters requirements. Regulations for handling petitions have limitation provision, there is no requirement to inform the system accept the results. Therefore, in practice, the role of the petition more marked relieve social conflict rather than resolve disputes. There is no order, no authority, resulting in a petition departments to explain to visitors the policy of 'propaganda office', listen to their grievances complained 'venting to do' something significant will be festive events during 'maintenance of stability do' to quell the emergency 'fire to do. ' Petitioners often do not put their hopes in the petition institution itself, but hopes to petition agencies seeking to really solve the problem of organization and leadership. Therefore, the petition institutions like the Ombudsman, Hong Kong, like positioning to solve the problem, it must have sufficient authority, or a variety of means to exert pressure on the groups or individuals should be responsible for not dare disobey or slack. Authority to establish a necessary and sufficient condition is the basis of power or backing. Such powers include the examination, investigation, make suggestions, reporting rights, publicity rights. Among them, the right conclusions and report publicly the right to complaint organs and staff is very deterrent.

In addition, the complaint authorities dispersed forces to concentrate, do not form a unified coordination mechanism is the main reason for the lack of authority. Therefore, the existing legal framework, to play the function of the joint meeting and petition the hall, so that information Unicom, working together, measure linkage, multi-angle, multi-level study mass appeal, thorough, one-time problem solving petition, that the petition With the power of party organizations to coordinate, integrate all forces and resources, timely and effective solution petition problems and improve their own authority.

Fourth, improve the quality of the staff petition. State Councilor Ma Kai petition Liaoning Province in the inspection work to strengthen complaint authorities emphasized their construction. To petition the staff, since the petition mechanism is relatively fragmented, each agency staff is very limited, some only a few people, faced with a large number of petition cases, overwhelmed, coupled with the overall business letters personnel quality is not high, there is considerable part of the handling of the case or petition compromise or delay. Ombudsman system in successful operation experience tells us that, in order to give the right to petition the staff and the public to report privileges such as the right conclusions, according to rules of the exercise of power must increase the quality of the staff petition, or likely to cause a new corruption. General requirements in Hong Kong as the Ombudsman office shall not have political affiliation, should have good conduct, as to whether the administration needs to have the experience, are generally not taken into account. The Ombudsman is a parliamentary parties acknowledge and passed via unanimous qualified to act as judges of the Supreme Court or the Supreme Administrative Court, the persons elected to safeguard civil liberties and rights for the mission. In addition to the Ombudsman The Ombudsman Office also has a large number of external auxiliary staff, most of whom are lawyers, the Commissioner's ability and quality requirements are very high. Commissioner by virtue of their knowledge, ability and quality, able to make a convincing case analysis and judgment, the proposed objective, fair, reasonable and have been widely. Therefore, in order to improve the mainland complaint authorities the authority necessary to improve the quality of the staff petition.

Five is to narrow the scope of the case dealing with complaints. According to the 'Petition Regulations' requirement, the petitioner on the following petitions may be made to the relevant administrative authorities: the administrative organs and their staff criticisms, suggestions and requests; report and expose the illegal executive staff misconduct; complaint against their legitimate rights and interests; other petitions. Which provides that the admissibility of the petition and resolve issues mainly related to administrative organs and their staff unlawful misconduct (Hong Kong Ombudsman whether the terms of reference focused review of administrative misconduct), but not limited to administrative organs and their staff of illegal misconduct. In fact, the majority of our present petition admissible bodies on matters covered by extensive fields, not only the administrative field, but also involves the administration of justice, SOE restructuring, personnel management, and other fields; review not only the administrative authorities, public service agencies, the judiciary legality, but also examine its behavior is reasonable. On the admissibility of matters concerned with the People's Court, People's Procuratorate and the functions of government departments have a lot of overlap, intersect. How to integrate, optimize and resize the object receiving areas, is the petition work must be considered when positioning. This paper argues that the petition involves the mainland should be reduced to include only the administrative authorities and public services administration is inappropriate for judicial acts and administrative organs, public service agencies not to investigate the legality of administration.

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