Editor's note
The letter seeks the job is masses job substantially, it is the bridge of party and masses of governmental close tie and ligament, also be to drive solve a letter to visit masses to appeal to the important channel that try legally.
"Lawfully thought fors the time being, lawful letter is visited " it is law gifts the legitimate rights and interests of every citizen, also be a citizen expressive oneself is reasonable appeal to the proper channel that try.
However, not consider normal letter to visit channel, "Beg in order to be troubled by solve, in order to visit have an eye to the main chance " the phenomenon is banned repeatedly however more than, this kind unjustifiable tangle visit be troubled by visited behavior to play havoc with normal letter to seek order and social harmony stability. This period the view lets us look -- the letter visits dimension to counterpoise not " capricious " , provoke affray is sentenced.
Introduction of details of a case
Week of dragon sea city some yuan, couple of Chen Mou China begins to appeal for help from 2012, in its the letter visits item to already pressed a program 3 class are dealt with finish, reasonable appeal to get the case that settle to fall, put forward as before a lot of unreasonable appeal to beg, those who disregard mechanism of the help sb to get over his worries of people government and public security is admonitory detain with administration, still appeal for help illegally to sensitive area for many times, cause abominable society effect.
Forensic court decision
On September 25, 2017, court of people of dragon sea city is right Zhou Mou yuan, couple of Chen Mou China is suspected of provoke affray blame one case enters a judgement, with Zhou Mou yuan make provoke affray blame sentence a set term of imprisonment 2 years 6 months; With Chen Mou China makes provoke affray blame sentence a set term of imprisonment 2 years. Of the same age on December 18, court of Zhangzhou city intermediate people is right Zhou Mou yuan, one case undertakes affray of provoke of Chen Mou China 2 careful final judgment, maintain court of people of dragon sea city to adjudicate.
Have please the lawyer is analytic this period case. . . . .
Honored guest lawyer
Zheng Yaling Fujian flies lawyer of degree of attorney office full-time
Law protects lawful letter to visit, what defend a citizen lawfully is reasonable appeal to beg, severe blow is unjustifiable at the same time tangle visit be troubled by seek action. The letter visits a person to seek a course in the letter in, ought to abide by legal laws and regulations, according to the reception that the regulation is established to concerned mechanism or appoints the place puts forward a letter to visit item. To steer clear of the letter is visited road, borrow tangle visit be troubled by visit apply to local government and relevant responsibility branch pressure in order to acquire economic interest, the area that prohibits appealing for help to the country directly even undertakes those who visit is not appeal for help person, can bring about its not only reasonable appeal to beg cannot get protective, because its are not,still can visit behavior to get legal sanction.
Relevant law laws and regulations
" criminal law of People's Republic of China " the 293rd the first the 3rd regulation: Take by force extortionary or random is marred, take up state-private property, the clue is serious, those who destroy social order, make provoke affray crime, handle battle of 5 years of the following set term of imprisonments, arrest or control.
" procuratorate of top people court, top people about handling case of provoke affray criminal applicable law the explanation of a certain number of problems " regulation, have one of following state, ought to maintain for criminal law the 293rd the first of the 3rd regulation " the clue is serious " : (One) take value of extortionary and state-private property by force to be worth 1000 yuan of above, perhaps mar arbitrarily, take up state-private money prices is worth 2000 yuan of above; (2) take by force for many times extortionary perhaps mar arbitrarily, take up state-private property, cause abominable society to affect; . . . . . .
" letter of the State Council visits byelaw " the 2nd stipulated the citizen can use epistolary, email, fax, phone, visit wait for a form to undertake believing visitting an activity.
The 16th sets: The letter visits a person to use visit a form to put forward a letter to visit item, perhaps ought to go up to this class that has authority processing lawfully one class mechanism puts forward, the letter visits what item has been accepted or dealing with, the letter visits a person to be accepted in time limit introversion, the upper body reintroduce of conduction mechanism is same the letter visits item, this superior mechanism does not grant to accept.
The 18th sets: The letter visits a person to use those who visit a form to put forward a letter to visit item, ought to recieve a place to put forward to what concerned mechanism is established or appoint.
Sweet clew: The letter visits a person to must be familiar with a letter to visit byelaw to gift oneself right and obligation, accomplish believe lawfully visit, legal thought fors the time being. If behavior is ultra,break the law, light an administrative punishment, investigate criminal duty again, that is just the opposite to what one wished.
Do not explain especially
The a bit witnesses Zhangzhou law course
"Zhangzhou general law "
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