Delegate Pham Van Hoa said that because there are still many different opinions on the two options for renaming provincial and district courts, he proposed to get a vote of National Assembly delegates.
Chairwoman of the Judiciary Committee Le Thi Nga - Photo: GIA HAN
Submit to the National Assembly 2 options for renaming the court
Presenting the report on receiving, explaining and revising the draft law, Chairwoman of the Judicial Committee Le Thi Nga said that many opinions disagreed with the regulation on renovating the provincial People's Court into the People's Court of Appeal, and the district People's Court into the People's Court of First Instance. Many opinions agreed with the draft law on renovating the people's court according to jurisdiction. Ms. Nga stated that the Standing Committee of the National Assembly recognized that the renovating the provincial court into the court of appeal, the district court into the court of first instance according to jurisdiction, but the tasks and powers of these courts did not change. The courts are still attached to the district and provincial administrative units; the court of appeal still tries some cases at first instance. This regulation is not consistent in organization with other judicial agencies in the locality and must amend a number of related laws to ensure the consistency of the legal system, and at the same time, some costs arise (such as correcting seals, signs, forms, and documents). Therefore, the Standing Committee of the National Assembly proposed to maintain the provisions of the current law on provincial courts and district courts. Because National Assembly deputies still had different opinions and the Supreme People's Court continued to propose to reform provincial courts into appellate courts and district courts into courts of first instance. Therefore, the Standing Committee of the National Assembly directed the development of 2 options in the draft law to submit to the National Assembly for consideration and discussion. Specifically, the organization of the people's court includes: Option 1, people's courts of provinces and centrally run cities (retained as at present). Option 2, people's courts of appeal. Option 1, people's courts of districts, towns, provincial cities and cities under centrally run cities (retained as at present). Option 2, people's courts of first instance.
Delegate Pham Van Hoa - Photo: GIA HAN
Different opinions of delegates on 2 options
Giving his opinion later, delegate Nguyen Tao (Lam Dong) said that the name change according to option 2 only stops at the name, while the content is no different from the name of the current law. Therefore, he agreed with option 1 to keep it the same as the current law. At the same time, it is necessary to continue amending procedural laws to increase the power of district, town, and city courts... When there are sufficient conditions, then amend them accordingly. Delegate Pham Thi Xuan (Thanh Hoa) expressed her agreement with the renaming of provincial and district courts according to the jurisdiction in option 2. She said that this renaming is appropriate and necessary, and at the same time gave many arguments for her point of view. She clearly stated that the establishment of these courts does not require amending related laws because it is stipulated in the transitional provisions of the bill. Along with that, Ms. Xuan emphasized that this renaming will incur costs for repairing the court's seal and signboard, but it is insignificant compared to the great, long-term benefits such as increasing efficiency, specialization, ensuring consistent application of the law, being suitable for the level of development, ensuring transparency... Delegate Pham Van Hoa (Dong Thap) agreed with option 1, keeping the names of provincial and district courts according to current law. However, according to Mr. Hoa, some delegates and the Chief Justice of the Supreme People's Court still proposed to change the names of provincial and district courts. Due to the different opinions of delegates regarding the two options, Mr. Hoa suggested that the National Assembly take a vote on the delegates' opinions on this content. "We have 487 delegates but only about 30 delegates spoke, so we do not know which option the remaining hundreds of delegates support. We should take a vote to ensure objectivity and accuracy," Mr. Hoa said. Delegate Do Ngoc Thinh (Chairman of the Vietnam Bar Federation) expressed his support for option 2, renaming to meet the Party's resolutions. However, he agreed with delegate Hoa's proposal to collect delegates' opinions on the 2 options.Tuoitre.vn
Source: https://tuoitre.vn/de-nghi-lay-phieu-y-kien-dai-bieu-quoc-hoi-ve-2-phuong-an-doi-ten-toa-an-cap-tinh-huyen-20240528091639625.htm
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