Debating the issue of innovating the organizational model of people's courts according to jurisdiction, National Assembly delegate Phan Thai Binh - Chairman of the Inspection Committee of Quang Nam Provincial Party Committee agreed that renaming and restructuring the organizational model of people's courts at provincial and district levels into people's courts of appeal and people's courts of first instance is necessary and suitable to reality.
To clarify his point of view, delegate Phan Thai Binh cited specific evidence from the trial results in Quang Nam province. The delegate said that the provincial court in the locality tried 60% of first-instance cases, while only 40% tried appeal cases; of which, more than 30% of first-instance cases were related to the fields of administration, bankruptcy and intellectual property.
If these three areas of first-instance trials are transferred to specialized courts as in the draft law, the provincial court will only try less than 30% of first-instance cases and more than 70% of appeal cases. However, the delegate suggested considering changing the name to "appellate people's court" to match the practical functions and tasks of trying first-instance cases in addition to appellate cases.
Participating in the discussion, delegate Duong Van Phuoc - Deputy Head of the National Assembly Delegation of Quang Nam province also expressed his agreement with the reform of the provincial and district-level people's courts into appellate and first-instance people's courts.
However, delegates said that caution is needed, there must be a suitable implementation roadmap, ensuring unity and synchronization, aiming at innovation, perfection, and modern court organization structure, meeting the needs and conditions of the country's socio-economic development in the new period.
In addition, delegate Duong Van Phuoc said that the innovation of the organization of people's courts must be in the direction of urgently establishing specialized first-instance people's courts (section 5, chapter IV) to reduce pressure on district-level people's courts, which is very necessary.
The establishment of specialized people's courts must be based on a careful analysis of the number and types of cases to establish them appropriately and should not rigidly prescribe the types of specialized people's courts as in the draft law.
In addition, it is also necessary to add specialized land courts, juvenile courts, etc.; at the same time, it is necessary to clarify the method of participation and selection of people's assessors for this institution.
Concerned about the issue of collecting evidence during the court's settlement of cases according to its authority, delegate Duong Van Phuoc agreed with the regulation that the court directly collects documents and evidence and supports the collection of documents and evidence in specific cases.
However, the delegate suggested that the Drafting Committee consider and stipulate the responsibilities of agencies, organizations and individuals in providing evidence upon request of the court; supplement regulations on sanctions for cases of deliberate delay, failure to provide or inadequate provision of evidence, as well as taking advantage of the court's right to provide documents, causing difficulties and pressure for organizations and individuals when requested to exercise this right.
Regarding the people's jury system, delegate Duong Van Phuoc suggested that the draft law should pay attention to training skills and expertise for people's judges, not just stopping at the level of professional training.
In addition, it is necessary to consider the regulation of people's assessors when participating in trials according to the assignment of the panel of assessors, based on the exchange and agreement between the panel of assessors and the chief judge of the people's court where the case is tried to ensure the independence of the members participating in the trial panel.
On the other hand, it is necessary to clearly define the qualifications, legal status and management agency of the jury to perform management functions, assign trials, and conduct training and professional development for people's jurors.
Source
Comment (0)