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问:我是一名农民,曾于1995年5月被邻居王某殴打,后王某因此事被公安机关拘留15天。王某一直不服,4年来四处申诉上访。最近,王某收到了信访部门的答复函,称拘留王某15天的决定是错误的,已由原公安机关撤销,并将通过适当形式为王某恢复名誉。我觉得公安机关对王某拘留15天的处罚是正确的,对该信访答复不服,我能据此提起行政诉讼吗? 答:要回答这一问题首先要明确两个关系,第一,该信访答复是给王某的,不是给你的。因此,你不应有对该信访答复服与不服的问题。第二,该信访答复不是行政行为,而只是信访工作机构的一种
Q: I am a peasant who was beaten by his neighbor Wang in May 1995 and Wang was detained for 15 days by the public security organ. Wang has been dissatisfied, petitioned around the four years. Recently, Wang received a letter of reply from the petitioners’ office saying that the decision to detain Wang for 15 days was wrong and has been rescinded by the former public security organ and will be rehabilitated by Wang in an appropriate form. I think the public security organs on Wang’s 15-day custody of the punishment is correct, refused to respond to the petition letter, I can bring an administrative proceedings accordingly? A: To answer this question we must first clear the two relations, first, the petition The answer is to Wang, not for you. Therefore, you should not have any question or reply about the petition. Second, the petition reply is not an administrative act, but a mere act of letters and visits