In September 2014, Haining, China, established a petition review panel with a hundred people, introduced the mass "jury" model, established a multi-level "bank of 100 reviewers", and selected petition review panels based on the guiding principles of neutrality, diversification, and socialization. Public comment on difficult letters and visits will help resolve conflicts and disputes.
Problems and Purpose
The establishment of the Haining Letters and Visits Appraisal Group is to solve the problem of the lack of trust in the government departments and the existence of antagonism among the people in the actual work. The petition delegation envisages to solve difficult petition issues by calling for the participation of neutral and diversified third-party forces and through mass jury participation in petition issues, and to promote the development of petition work toward a more just, fair and democratic direction.
The Haining Letters and Visits Panel refers to the jury model of overseas courts, which is an innovative way to explore and solve the problems of letters and visits.
Background History and Context
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Organizing, Supporting, and Funding Entities
Haining City Letters and Calls Work Joint Meeting, Haining City Letters and Calls Bureau
Participant Recruitment and Selection
Establish a multi-level "pool of hundred-member congressmen". With the guiding principles of neutrality, diversification, and socialization, we carefully select and form a petition panel from different social classes. The petition group is composed of 100 people from all walks of life, including representatives of the National People's Congress, CPPCC members, representatives of the masses, lawyers, people's mediators, arbitrators, social workers, experts and scholars, etc., through the recommendation of their units, organizations, and groups, It is determined by the municipal joint office after a qualification review, including 10 deputies to the National People's Congress, 10 members of the CPPCC, 40 representatives of the masses, 9 lawyers, 9 people's mediators, 4 arbitrators, 6 social workers, experts and scholars There are 12, which fully reflects the extensiveness of the panelists. At the same time, in order to ensure the quality of the judges and enhance the credibility of the judges, the "Management Measures for the Appointment of Letters and Visits of Haining City" was introduced to establish the mechanism of "entry" and "exit" for the judges, and timely improve and dynamically adjust the members of the petition panel.
Methods and Tools Used
Standardize the review process and announce the results of the voting on the spot. The public review of letters and visits follows ten procedural requirements including statements, cross-examinations, debates, and inquiries by the petitioner and the undertaking unit of the letter and visits. The panellists ask the parties and consultants to express their views on the issues under review. Different from the general hearings of letters and visits, the "letters and visits panel" conducts a secret public vote on the scene of the council and announces the results of the vote on the spot. In order to improve credibility, consultants generally invite professionals from the municipal government's legal affairs office and functional departments to serve as the consultants, and arrange for TV stations to take full-time video. At the same time, the application of the results of the voting has been strengthened, and it is clear that if the satisfaction rate of the voting is more than two-thirds (inclusive), it is determined that the opinions on the handling of the letter and visits are established. If it is less than two-thirds, the opinions on the handling of the letter and visits are determined to exist. In case of problems, instruct the handling unit of the letter and visit matter to re-handle the letter and visit matter.
Influence, Outcomes, and Effects
1. Effectively promote the fairness, openness and democracy of petition work. The Haining petition appraisal team set up an open and fair platform to allow both parties to the petition and the organizer to explain the basis and expose the evidence. From the perspective of a third party, commentators put forward reasonable opinions and suggestions to petitioners and government departments, and publicly voted on the spot to promote the handling of petition matters more fair and open.
2. Protect the legitimate rights and interests of petitioners in accordance with the law.
The petition appraisal activities are held in public. According to the hearing model, petitioners have the power to make statements, defenses, consultations, and cross-examination, which fully guarantees the equal status of petitioners and the organizer. On the other hand, it also implements a system of selecting and evaluating members of the parties (letters and visitors) to make the parties feel fully open and fair.
3. Promote the undertaking unit to administer according to law.
The petition panel system urges the undertaking units to act more in accordance with laws and regulations, and strives for on-site support and understanding of panelists from different social strata. For the undertaking unit, this is also from the supervision of the society and the pressure of public opinion, prompting it to act in accordance with the law.
In 2015, the work of the Haining Letters and Visits Appraisal Team was included in the pilot project of Zhejiang Province’s letter and visit work reform. Up to now, 8 reviews have been organized, including 3 collective visits and 5 individual visits, mainly involving letters and visits such as social security, calculation of seniority, retirement benefits, demolition and resettlement, oil smoke harassment, etc. At present, 7 of the 8 reviews have petitioned the parties. There were no repeated letters and visits, the resolution rate reached 87.5%, and good social effects were achieved.
The interviewers have obtained a fair and just platform for expressing their demands and opinions; the organizer has obtained the motivation to promote administration according to law; the judges have obtained the opportunity to participate in the work of understanding letters and visits and resolve conflicts and disputes; the letter and visit bureau has obtained the public Demonstrate the carrier for publicizing the working mechanism and procedures of petitioning letters and visits.
Analysis and Lessons Learned
The petition review panel system puts issues on the stage publicly, and aggregates various social resources such as law, ethics, public opinion, and mediation to participate in the handling of difficult and complex petition matters, which can promote government departments to administer according to law and enhance government credibility. It can enhance the transparency of petition work, expand the people's right to know and participate, effectively protect the legitimate rights and interests of the masses, and promote the resolution of petition issues at the grassroots level. We believe that the petition panel is an innovation to the traditional petition system, and a new way to resolve petition issues between administrative and judicial means.
. Haining pioneered the "mass jury" public review system in the province[J]. Jiangnan Forum,2017,(03):43.
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