Reform of provincial and district People's Courts according to jurisdiction
The Draft Law submitted to the National Assembly at the 6th Session stipulates: Organizing the People's Court of Appeal to replace the People's Court at the provincial level, the People's Court of First Instance to replace the People's Court at the district level (for example: Hanoi People's Court of Appeal, Hoan Kiem People's Court of First Instance...) to institutionalize the task of "ensuring the independence of the Court according to its jurisdiction" set forth in Resolution No. 27-NQ/TW.
The Draft Law on Organization of People's Courts (amended) will be commented on by the National Assembly with many important proposed contents.
Experts believe that such a provision is consistent with the long-term development orientation of the Court. In the coming time, it will continue to propose increasing the authority of the People's Court of First Instance when the agencies conducting the proceedings at the first instance level have sufficient capacity to investigate, prosecute, and try all types of cases. The People's Court of Appeal will have the main task of trying cases according to the appeal procedure.
According to Associate Professor, Dr. Tran Van Do, former Deputy Chief Justice of the Supreme People's Court, former Chief Justice of the Central Military Court: Currently, the Court model is organized according to a 4-level model including: the Supreme People's Court, the High People's Court, the People's Court of the province, the city directly under the Central Government and the Courts of districts, towns, and cities under the province. This is an organizational model that combines the model of organization according to the territorial administrative unit and the model of organization according to the trial level.
In terms of advantages, it can be said that it is easy to implement. Because the current model is traditional and associated with the leadership of local Party committees; linking the guarantee of organizational activities with local authorities, with representative bodies of the People's Council and executive and administrative agencies and People's Committees at provincial and district levels,
However, such an organization leads to a major limitation, which is that the Court has not been organized independently according to its jurisdiction, and cannot ensure the principle of independent adjudication, especially in resolving administrative cases, when one party to the case is a state agency or a person with authority in a state administrative agency.
Previously, Resolution No. 49-NQ/TW of the Politburo on judicial reform strategy until 2020 also had orientations for building a Court model according to trial levels.
The 2013 Constitution also stipulates that the People's Court includes the Supreme People's Court and other courts prescribed by law, that is, the establishment of provincial courts or appellate courts; first instance courts or district courts is prescribed by the Law on Organization of People's Courts. However, when building the Law on Organization of People's Courts (2014), the Court model has not yet surpassed the traditional model.
Proposal to establish specialized courts
The draft Law supplements regulations in the Court system that there are specialized first-instance People's Courts to try certain types of special cases.
According to the Drafting Committee, this provision aims to institutionalize the policy stated in the Resolution of the 13th National Party Congress “building a professional court”. Many recent Resolutions of the National Assembly and the Standing Committee of the National Assembly have set out the requirement to supplement and perfect the law and organize a suitable apparatus to meet the requirements of effectively resolving cases and incidents of a special nature.
The establishment of specialized courts of first instance will be decided by the Standing Committee of the National Assembly based on the proposal of the Chief Justice of the Supreme People's Court, depending on the actual situation. The establishment of specialized courts of first instance will ensure professionalism in organization and operation; promote the deep expertise of judges and jurors in adjudication, thereby improving the quality and efficiency of handling these types of cases.
Associate Professor, Dr. Tran Van Do, member of the 13th National Assembly, former Deputy Chief Justice of the Supreme People's Court, former Chief Justice of the Central Military Court.
Associate Professor, Dr. Tran Van Do said that this is a good proposal, suitable for the current situation, because establishing a specialized first-instance People's Court will enhance professionalism and specialization in the Court's operations.
However, to achieve the goal, it is necessary to clarify the orientation, solutions and implementation roadmap. Innovation in the Court model requires substantial innovation in the organization and quality of operations.
For example, the jurisdiction to try particularly serious cases currently belongs to the provincial court and is tried by judges from intermediate level and above. Later, when the Court of First Instance is established, it will be transferred to the Court of First Instance for trial...
This proposal is very important because Resolution 27 on continuing to build and perfect the Socialist rule of law state in the new period mentions the improvement of the professionalism of the Court, so the establishment of specialized Courts is a form of demonstrating that professionalism. Currently, local Courts also have specialized Courts in criminal, economic, labor, etc.
However, this arrangement only addresses the rationality of the apparatus. The staff and judges have not been professionalized, their expertise is not deep, leading to prolonged resolution and the quality of resolution is not guaranteed. Judges are still rotated to work as judges in different specialized courts or assigned to try many types of cases.
The difference between the current specialized courts and the specialized courts is the separation between the specialized courts and the general court. The establishment of specialized courts is important in judicial reform, especially for the court sector, ensuring professionalism; ensuring the trial of cases, training of officials... close to the requirements of the task.
When establishing specialized courts, it also requires judges and court officials to be truly professional in each specific field. This requires highly specialized organization, staff training, and human resource training; the rotation of judges can only be rotated within specialized areas...
For example, the current military court is specialized, specialized in that they are people who are trained to meet legal standards, but they must be people trained in the army, and have a good understanding of military conditions to judge.
According to Congly.vn
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