Regarding the collection of documents and evidence in the settlement of criminal, administrative, civil and other cases under the jurisdiction of the Court (Article 15), Chairwoman Le Thi Nga said that many opinions agreed with the draft Law that the Court is not obliged to collect evidence. Many opinions disagreed with the draft Law and proposed to stipulate that in some necessary cases, the Court collects evidence during the trial.
The Standing Committee of the National Assembly (SCNA) noted that Resolution 27 of the Central Committee requires: “Research and clarify... cases where the Court collects evidence during trial activities”. The Law on Organization of People's Courts 2014 does not specifically stipulate the scope of evidence collection by the Court.
The procedural laws stipulate the activities/measures for collecting documents and evidence, clearly stating that if the litigant fails to collect, he/she has the right to request the Court to collect evidence. As a result, many litigants do not fully perform their obligations, relying on the Court to collect, leading to many Courts being overloaded with work. Therefore, it is necessary to review and re-regulate more strictly.
“Practice shows that if the Court does not collect evidence in some cases, it may encounter difficulties in resolving the case,” said Chief Justice Le Thi Nga.
In response to the opinions of National Assembly deputies and a number of agencies, the National Assembly Standing Committee directed the revision of Article 15 of the draft Law in the direction of: stipulating that the Court directly collects documents and evidence and supports the collection of documents and evidence to institutionalize Resolution 27 and to suit the practical conditions of our country, while reviewing and rearranging the provisions in the law to make it more suitable.
In addition, many opinions disagree with the regulation on reforming provincial-level People's Courts into appellate People's Courts and district-level People's Courts into first-instance People's Courts. Many opinions agree with the draft Law on reforming People's Courts according to jurisdiction.
The Standing Committee of the National Assembly found that the reform of the provincial People's Court into appellate People's Court, and the district People's Court into first instance People's Court according to jurisdiction, but the tasks and powers of these Courts remain unchanged.
The Courts are still attached to the administrative units at the district and provincial levels; the Court of Appeal still hears some cases at first instance. This regulation is not consistent in organization with other judicial agencies at the local level and some related laws must be amended to ensure the consistency of the legal system, while also incurring some costs (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 and district People's Courts. Due to different opinions, the Standing Committee of the National Assembly directed the development of two options to submit to the National Assembly for consideration and discussion.
Regarding participation and information activities at court sessions and meetings, Chairwoman Le Thi Nga said: There are opinions suggesting that information activities at court sessions and meetings be regulated according to current procedural law. There are opinions suggesting that the regulations be reviewed so as not to contradict the principle of public trial by the Court.
The Standing Committee of the National Assembly found that recording speech and images at court sessions and meetings must ensure human rights, civil rights; information activities in accordance with the provisions of law; ensure solemnity at court sessions, creating conditions for the Trial Panel to conduct the trial well, without being distracted by other factors.
The majority of opinions of the Standing Committee of the National Assembly proposed to adjust in the direction that the recording of speech and images of the Trial Council at court sessions and meetings must have the consent of the Presiding Judge of the court session.
Recording images at court sessions and meetings may only be done during the opening of the court session and meeting, and the pronouncement of judgment and announcement of decisions; at the same time, additional provisions on the Court recording audio and video of the entire proceedings of the court session and meeting are added.
Some opinions of the Standing Committee of the National Assembly said that the provisions on audio and video recording at court sessions and meetings in the draft Law are narrower than those of procedural laws. To facilitate information activities at court sessions and meetings, it is proposed to keep them as prescribed by current law.
Some opinions of the Standing Committee of the National Assembly and the Supreme People's Court proposed to stipulate (Clause 3, Article 141) in the direction that: Recording speech and images at court sessions and meetings can only be done during the opening of the court session, meeting and the pronouncement of judgment, announcement of decisions with the permission of the Chairman of the court session, meeting...; at the same time, supplement the regulation that the Court records audio and video of the entire proceedings of the court session and meeting to serve professional tasks...
Source: https://baotainguyenmoitruong.vn/quoc-hoi-thao-luan-luat-to-chuc-toa-an-nhan-dan-sua-doi-374705.html
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