The public security organ should inform the complainant within one month after accepting the complaint whether to open a case for investigation. Before deciding whether to file a case, be sure to hear the accuser's face-to-face statement. If it is decided not to file the case, the complainant shall be informed of the reasons for not filing the case. If the complainant is dissatisfied with the decision, he or she may request a review from the next higher level public security organ. After receiving the request for review from the complainant, the public security organ at the next higher level shall fill in the complaint review registration form, complete the review within 15 days, and respond to the complainant with the review opinions.
Legal Basis
Administrative Reconsideration Law of the People's Republic of China
Article 9 If citizens, legal persons or other organizations believe that specific administrative actions infringe upon their legitimate rights and interests, they may voluntarily Apply for administrative review within 60 days from the date of becoming aware of the specific administrative action; however, the application period specified by law shall not exceed 60 days.
If the statutory application deadline is delayed due to force majeure or other legitimate reasons, the application deadline will continue to be calculated from the date the obstacle is eliminated.
Article 23 The administrative review agency responsible for legal work shall serve a copy of the administrative review application or a copy of the administrative review application transcript to the respondent within seven days from the date of accepting the administrative review application. The respondent shall submit a defense within ten days from the date of receipt of a copy of the application or a copy of the application transcript, and shall submit the evidence, basis and other relevant materials for specific administrative actions.
Applicants and third parties may review the written responses submitted by the respondent, evidence and basis for specific administrative actions, and other relevant materials. Except where state secrets, commercial secrets or personal privacy are involved, the administrative review authority Do not refuse.