False accusations affect the reputation of organizations and individuals.

August 23, 2016 16:15

(Baonghean) -Recently, there have been many cases of citizens making false complaints and denunciations, affecting the reputation of organizations and individuals, causing waste of time, effort and costs for state agencies, as well as for the complainants and denouncers themselves....

High rate of false complaints and accusations

In the first 6 months of 2016, Vinh City People's Committee received 17 complaints (of which 8 were wrong complaints, 4 were right and wrong; 4 were suspended, 1 was being resolved). Regarding denunciations, there were 2 cases, of which 1 was wrong complaint, 1 was being resolved.

Mr. Truong Van Ty - Chief Inspector of Vinh City said: The annual rate of false complaints is about 80%. Regarding denunciations, each year we receive a few petitions, but most of them are false denunciations, stemming from internal conflicts. There are very few cases where violations are discovered and the denunciations are correct.

Luật sư tư vấn pháp luật cho công dân tại Văn phòng trợ giúp pháp lýBáo Nghệ An.
Lawyers provide legal advice to citizens at the Nghe An Newspaper Legal Aid Office.

All complaints and denunciations that are accepted after investigation and verification have a written response to the citizen. For example, Mr. NVL and Ms. PTL in Trung My block, Le Mao ward (Vinh city) complained about Decision No. 13054/QD-UBND dated December 9, 2015 of Vinh City People's Committee on approving the detailed plan on compensation, support, and site clearance to implement the project of building a commercial center, offices for rent and luxury apartments at Vinh market intersection, Quang Trung ward.

After establishing an inspection team, the City People's Committee issued Decision No. 3011/QD-UBND dated May 10, 2016, responding to the complaint of Mr. NVL and Ms. PTL as a false complaint. At the same time, the City Land Fund Center was assigned to prepare an adjustment to the compensation and support plan for the assets being construction works on the land of Mr. NVL and Ms. PTL's family in accordance with regulations to submit to the City People's Committee for approval.

According to Mr. Ty, the reason for false complaints and denunciations is that people's legal awareness is limited, so there are demands and requests outside of the law, leading to the case being prolonged. Many people do not even clearly distinguish between complaints, denunciations, reflections and recommendations.

Therefore, the content of the petition can be both a complaint and a denunciation, accompanied by recommendations and proposals, and sent to multiple levels and sectors at the same time. However, there are also people who intentionally make false complaints and denunciations, or prolonged complaints and denunciations based on personal motives and intentions.

In fact, during the process of receiving and processing petitions, Nghe An Newspaper also verified many cases of false complaints and accusations, such as the case of the former Director of Quynh Luu Forestry Company, Mr. HTT, reflecting on the content related to the key personnel work of the old company, which was unclear and shady, leading to weaknesses in management, causing nearly 700 hectares of pine forest to be devastated and exhausted.

Luật khiếu nại, tố cáo, ảnh Internet
Law on complaints and denunciations, Internet photos

However, through investigation and verification, Mr. T's information was found to be unfounded. Or the case of Mr. LVT, residing in Hamlet 11, Quang Son Commune (Do Luong), who complained that he paid money to buy a plot of land but the Commune People's Committee did not complete the procedures to legalize and grant land use rights according to regulations.

Upon verification, Mr. T's complaint was found to be unfounded. Mr. T's case has lasted for many years and has been handled by various levels of government and the court, but Mr. T still does not comply with the decisions and continues to complain...

Many opinions say that, in reality, false denunciations affect the honor of organizations and individuals, waste time, effort and costs for state agencies, as well as for the complainants and denouncers themselves, and cause many consequences for society.

However, this behavior is often ignored, or the handling is limited to the perspective of giving advice and drawing lessons, so it has no deterrent effect. The competent authorities themselves are also reluctant to handle it, fearing conflicts, being implicated, being considerate... so the complainants and denouncers are not fully aware of their violations. In addition, there is currently no clear, specific mechanism or separate decree on handling administrative violations in the field of complaints and denunciations.

Mr. Le Anh Son - Deputy Chief Inspector of the province said: "The rate of false complaints and denunciations each year accounts for about 60 - 80%. However, in reality, there are very few cases where the subjects of false complaints and denunciations are handled." Because when the authorities verify and clarify the matter, they often use the excuse of inadequate awareness and understanding of policies and laws to justify their actions, although there are many cases of intentional false complaints and denunciations...

In the first 6 months of 2016, the province has resolved 104/106 complaints arising under its jurisdiction, reaching a rate of 89.7%. Through the resolution of complaints, it shows that: the number of correct complaints is 8/104 cases, accounting for 7.7%; the number of correct and incorrect complaints is 10/104 cases, accounting for 96%; the number of incorrect complaints is 86/104 cases, accounting for 82.7%.

Regarding denunciations, the whole province resolved 51/59 cases, reaching a rate of 86.4%. Of which, 8/51 cases were correctly denounced, accounting for 15.7%; the number of cases with correct and incorrect denunciations: 16/51 cases, accounting for 31.4%; the number of cases with incorrect denunciations: 27.51 cases, accounting for 52.9%.

What is the solution?

According to Mr. Hoang Quoc Hao - Director of the Department of Justice: The right to complain of citizens is clearly stipulated by law; and citizens' participation in complaints and denunciations will contribute to cleaning up social life and promoting social development. But that is correct complaints and denunciations. On the contrary, wrong complaints and denunciations waste time of agencies related to handling complaints and denunciations, complainants and denouncers and related parties.

One of the reasons is that the propaganda work of PBGDPL in general, and propaganda of the law on complaints and denunciations in particular, still has certain limitations. Therefore, the law has reached the people but not very often, many legal contents are not fully understood by the people, leading to misunderstanding and incorrect application in practical implementation.

Therefore, in the coming time, it is necessary to focus on innovating methods and enhancing the effectiveness of legal dissemination and education, especially the implementation of the project "Continuing to strengthen the work of legal dissemination and education of complaints and denunciations in communes, wards and towns". Thereby, raising people's awareness of respecting and complying with the law, knowing how to use the law to protect their legitimate rights and interests, those of everyone and protecting the interests of society.

Ảnh minh họa: Internet
Illustration: Internet

Along with that, local Party committees and authorities need to strengthen the team of propagandists and mediators; effectively carry out the work of building, managing and exploiting legal bookcases at local levels... contributing to building solidarity in the community, reducing law violations and the problem of petitions and complaints going beyond the level of authority.

It is necessary to strengthen the inspection of responsibilities associated with public service inspection, improve the skills and expertise in classifying and handling petitions of public reception officers when receiving petitions and denunciations. Any content that is true must be seriously resolved; for untrue content, after an official conclusion is made, it must be transferred to individuals and competent agencies for handling according to the provisions of law to increase deterrence.

If a party member abuses the right to denounce to slander or falsely accuse others, Article 14 of Decision No. 181-QD/TW dated March 30, 2013 of the Central Executive Committee on disciplinary action against violating party members shall be applied for strict handling.

Xóm Hậu Hòa ( xã Nghi Hoa, Nghi Lộc) tuyên truyền luật cho nhân dân
Hau Hoa Hamlet (Nghi Hoa Commune, Nghi Loc) propagates the law to the people

Promoting the role and responsibility of all levels, sectors and localities in enhancing dialogue with citizens, promptly resolving arising incidents, and not letting incidents drag on is also a solution to limit false complaints and denunciations.

Gia Huy

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