In-house conformity cannot serve as the hotline to did not get the reason that complains application
On August 16, 2017, accuser Lian Mou holds Jiangsu the Huaihe River to install the 10 thousand cities that amount to a shadow to trade ticket certificate to the Huaihe River city of An Moda shadow asks to change buy movie ticket a piece, because should change ticket certificate exceed the time limit to cannot be used, lian Mou asks the Huaihe River brings the 10 thousand cities that amount to a shadow new activation is used,
Lian Mou thinks the Huaihe River brings the 10 thousand cities that amount to a shadow with every pieces 25 yuan issue the certificate that change a ticket to valence, the behaviour that changes movie ticket to shadow city booking office by the certificate that change a ticket fastens the market to manage action, the customer of practice enroach on that the Huaihe River brings the 10 thousand cities that amount to a shadow is lawful rights and interests, complain through 12315 consumer then inform against a hot line to undertake complaining,
How does the Huaihe River inform Lian Mou after wiring of 12345 governmental hot line, the Huaihe River installs 12315 consumer of city to complain inform against a hot line already integrated install 12345 governmental hot lines of town to the Huaihe River, the issue that the certificate changing a ticket that mirrors with respect to accuser cannot use undertook the part is solved, express to turn undertake the unit is checked. The Huaihe River that be the same as day installed 12345 governmental hot lines of town to have a return to accuser, express to complain item inextricability, but did not complain this item to hand in the accused some city industrial and commercial bureau is dealt with.
Accuser thinks some city industrial and commercial bureau is opposite the accused its complain item to did not make any investigating up to now, did not fulfil legal obligation. The accused thinks its do not have those who receive accuser to violate act about asking to investigate to complain application, nonexistent nonfeasance. Reason accuser Lian Mou mentions lawsuit of politics of start on a journey to people court, the requirement affirms the administrative nonfeasance behavior of the accused breaks the law lawfully, and deadline fulfils legal obligation.
Additional the Huaihe River installs municipal government to allotted a file on June 13, 2016, bring municipal government to the Huaihe River civilian service hot line undertook conformity, the accused some city industrial and commercial bureau installs 12315 complain in informing against a hotline to unite conformity to install 12345 governmental hot lines of town to the Huaihe River, center those who accept masses to seek advice by service center of 12345 governments hot line, complain, suggest and appeal, be versed in with the electron according to sectional function odd form is handed in do, classification responsible, put in a mouth 's charge to deal with.
The controversy focus of this case is the accused whether some city industrial and commercial bureau receives accuser Lian Mou complain application.
A kind of opinion thinks, the accused some city industrial and commercial bureau complains application without what receive accuser Lian Mou. The Huaihe River brings city 12315 complain inform against a hot line already integrated bring city to the Huaihe River in 12345 governments hot line, 12315 complain inform against a hot line to had installed 12345 governmental hot lines of town to be in charge of receiving by the Huaihe River listen to processing. 12315 hotlines are the accused no longer direct external hot line window, go up objectively some city industrial and commercial bureau cannot get defendant accuser Lian Mou asks to investigate complain application.
Another kind of opinion thinks, some city industrial and commercial bureau should regard the accused as those who receive accuser Lian Mou complain application. Some city industrial and commercial bureau establishs the accused the Huaihe River installs 12315 consumer of city to complain inform against a hot line, the consumer that this hotline remains the accused website to be announced external up to now is complained inform against a hot line. Although 12315 complain in informing against a hot line to unite conformity to install 12345 governmental hot lines of town to the Huaihe River, but this conformity is conformity of internal technological process. The Huaihe River installs 12345 governmental hot lines of town to did not complain accuser application to undertake handing in doing, this law consequence should be not assumed by accuser. Reason the Huaihe River installs 12345 governmental hot lines of town to undertake receiving audition the legal consequence of processing to should be assumed by the accused, should regard what the accused gets prosecutor as to complain application.
Review analyse
The author holds with the 2nd kind of opinion, namely some city industrial and commercial bureau should regard the accused as receive accuser Lian Mou complain application.
1.12315 complain informing against a hot line is legal complain inform against a phone.
The country is versed in commercial firm politics runs total bureau " consumer of processing of department of industrial and commercial administration complains method " the 8th regulation: "Province, municipality, municipality directly under the Central Government is industrial and commercial administration department or city (the ground, city) the 12315 consumer that department of industrial and commercial administration reachs his to establish are complained inform against a center, ought to complain to received customer have a record, will complain send in time to have jurisdictional industrial and commercial administration sectional processing, signal consumer send case at the same time. Inform a record ought to keep for future reference. " reason 12315 hotlines are consumer legal complain inform against phone of special railway line, it is to be complained effectively inform against one of means.
Specific to this case, the Huaihe River installs 12315 consumer of city to complain inform against a hotline to some city industrial and commercial bureau is installed and bring city by the Huaihe River by the accused 12315 complain inform against hot line center to be in charge of uniting receive listen to processing to turn do. When up to accuser Lian Mou is sued to the court, 12315 hotlines still are announced in defendant official net complain for consumption inform against a phone, the application that accuser Lian Mou dials 12315 hotlines to complain the Huaihe River to install the 10 thousand cities that amount to a shadow to violate behavior to ask to investigate accords with legal form, some city industrial and commercial bureau has respondent the legal duty that processing accuser complains.
Some city industrial and commercial bureau should regard 2. the accused as those who receive accuser Lian Mou complain application.
2016, the Huaihe River installed city people government to allot " bring municipal government about the Huaihe River of print and distribute civilian the announcement that serves program of hot line conformity " , install the Huaihe River 12315 consumer of city to complain inform against a hotline to unite conformity to bring 12345 governments of city to the Huaihe River civilian center of service hot line, seek advice by what service center of governmental hot line accepts masses centrally, complain, suggest and appeal. Reason installs an area to dial in the Huaihe River 12315 complain inform against a hotline, consolidate 12345 governments of You Huaian city civilian center of service hot line is received listen to processing to turn do.
In this case, the Huaihe River installs 12345 governmental hot lines of town to did not complain former Lian Mou item to hand in the accused to deal with, on purpose is objective go up the accused the application that some city industrial and commercial bureau fails to receive accuser to ask to investigate illegal action directly really. But 12315 hotlines serve as consumer legal complain inform against one of means, the Huaihe River brings city people government will 12315 complain inform against hot line conformity to arrive after 12345 governments hot line, some city industrial and commercial bureau cancels the accused not actually also 12315 hotlines, and the accused is in its official net still will 12315 tag inform against a hot line to complain.
Accordingly, means of conformity of this kind of hotline is conformity of internal technological process. The Huaihe River installs 12345 governmental hot lines of town to did not complain accuser the consequence that undertakes turning doing to ought not to be assumed by accuser. As consumer, also what reason believes 12315 hotlines are installed for the accused is complain inform against a phone, receive for the accused listen to processing.
In this case, accuser Lian Mou was dialed at was being complained on August 16, 2017 12315 complain inform against a hotline, this phone still can put through normally and the means move with call move brings 12345 governments of city to the Huaihe River civilian center of service hot line, 12345 governments hot line is received listen and provided a service, reason should regard the accused as some city industrial and commercial bureau get prosecutor complain application.
On put together, 12315 complain inform against a hot line to serve as consumer legal complain inform against one of means and cancel not actually, the way that changes with call however changes 12345 governments civilian center of service hot line is received listen to processing. Reason accuser Lian Mou dials 12315 hotlines to undertake complaining, should regard the accused as some city industrial and commercial bureau those who get prosecutor complain application. The accused with 12315 hotlines already integrated install the reason that city cannot get accuser to complain in 12345 governments hot line to cannot hold water to the Huaihe River.
This case, party nolles prosequi finally.
