The National Assembly Standing Committee does not approve of renaming provincial and district courts.
Báo Thanh niên•27/05/2024
The National Assembly Standing Committee did not approve the Supreme People's Court's proposal to rename provincial and district courts, because this does not ensure substance and is not really necessary.
According to the agenda of the 7th session of the 15th National Assembly, tomorrow morning, May 28, the National Assembly will discuss in the hall a number of contents with different opinions of the draft Law on Organization of People's Courts (amended). One of the contents that received many controversial opinions is the Supreme People's Court - the drafting agency - proposing to change the name of the provincial People's Court to the People's Court of Appeal, and the district People's Court to the People's Court of First Instance.
The revised draft Law on Organization of People's Courts will be discussed by the National Assembly tomorrow morning, May 28.
GIA HAN
Name changed but mission remains the same
In the report sent to delegates, the National Assembly Standing Committee said that there are two streams of opinions on the above issue. Some opinions agree with the innovation of the People's Court system according to jurisdiction as proposed in the draft and suggest specific regulations on related issues (such as the relationship between the court and the Party Committee, local government, etc.). On the contrary, some opinions disagree, and some opinions suggest piloting the organization of courts according to jurisdiction in some localities. The National Assembly Standing Committee said that the innovation of the provincial People's Court into the People's Court of Appeal, the district People's Court into the People's Court of First Instance, but the tasks and powers of the courts have not changed. The courts are still attached to the administrative units at the district and provincial levels. The People's Court of Appeal still tries and resolves some cases and incidents according to first instance procedures. In addition, the provisions of the draft law do not meet the policy of Resolution 27-NQ/TW on "overcoming the situation where the relationship between court levels is an administrative relationship, ensuring independence between trial levels" and "ensuring the independence of the court according to its jurisdiction". On the other hand, changing the name of the People's Court also leads to inconsistency in the organization of other judicial agencies in the locality; having to amend many related laws, especially laws in the judicial field; incurring many other costs such as correcting seals, signs, forms, documents, etc. Based on the above-mentioned grounds, the Standing Committee of the National Assembly proposes that the National Assembly maintain the provisions of the current law on provincial-level People's Courts and district-level People's Courts.
The Supreme People's Court proposed to change the name of provincial and district People's Courts to appellate and first instance People's Courts (illustrative photo)
LINE
Not really, not really necessary
Regarding the proposal to pilot the organization of courts according to jurisdiction in some localities, the Standing Committee of the National Assembly continued to affirm that the proposal to rename the People's Courts at the provincial and district levels is not yet substantive and not really necessary. In addition, the judicial sector is directly related to human rights and civil rights. Therefore, the pilot needs to be carefully studied, comprehensively evaluated and considered very carefully. The Standing Committee of the National Assembly proposed not to pilot the transformation of provincial People's Courts into People's Courts of Appeal and district People's Courts into People's Courts of First Instance in some localities. Regarding the remaining proposal to organize courts according to the trial level combined with the region, the Standing Committee of the National Assembly said that this is a very important issue, related to the organization and operation of the court system and many other judicial agencies. The question of whether or not to establish regional courts has been raised since the drafting of the Law on Organization of People's Courts in 2014, but there has not been a high consensus. The 2013 Constitution and Resolution 27-NQ/TW do not mention this content. Based on the above-mentioned grounds, and at the same time thoroughly understanding the principles in receiving and revising the draft law, the National Assembly Standing Committee proposes that the National Assembly keep it as prescribed in the current law.
Develop two options for discussion.
Because National Assembly deputies still have different opinions and the Supreme People's Court continues to propose to reform the provincial People's Court into appellate People's Court and the district People's Court into first instance People's Court, the National Assembly Standing Committee said it has directed the development of two options to submit to the National Assembly for consideration and discussion. Option 1: stipulate provincial People's Court and district People's Court (as prescribed by current law). Option 2: stipulate first instance People's Court and appellate People's Court (as proposed by the Supreme People's Court).
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