On the afternoon of November 9, the National Assembly heard presentations and reports on the draft Law on Organization of People's Courts (amended).
Chief Justice of the Supreme People's Court Nguyen Hoa Binh presents the Proposal on the draft Law on Organization of People's Courts (amended). Photo: Phuong Hoa/VNA
Presenting the Report on the draft Law on the Organization of People's Courts (amended), Chief Justice of the Supreme People's Court Nguyen Hoa Binh said that the draft Law aims to perfect the organizational structure, improve the quality, effectiveness, efficiency and prestige of the People's Courts; build a professional, modern, honest Court system, serving the Fatherland, serving the people, and completing assigned tasks well.
Regarding the major amendments and supplements to the draft Law, Chief Justice Nguyen Hoa Binh said that the draft Law amends and supplements five major contents on tasks and powers; perfecting the organizational structure; innovating and improving the quality of human resources of the Court; the National Council for Selection and Supervision of Judges and innovating the institution of people participating in trials.
The draft law adds two new tasks and powers to the Court, which are to resolve and adjudicate administrative violations according to the provisions of the law and to explain the application of the law in trials. The draft law is amended in the direction of removing the provision that the Court has the authority to issue a decision to initiate criminal proceedings at the trial. If at the trial, the trial panel discovers signs of a crime, it will exercise the right to recommend that the competent authority issue a decision to initiate criminal proceedings.
In addition, the draft law amends the direction that the Court is not obliged to collect evidence. In criminal cases, the Court bases on documents and evidence collected and clarified by the investigation agency, the agency assigned to conduct certain investigation activities, the Procuracy at the trial and the results of the debate for trial.
In civil and administrative cases, the Court shall base on documents and evidence collected and submitted to the Court by the parties in accordance with the provisions of procedural law and the results of the litigation for trial.
Notably, regarding the completion of the organization of the Court apparatus, the draft law stipulates the organization of the People's Court of Appeal to replace the People's Court at the provincial level, and the People's Court of First Instance to replace the People's Court at the district level. For example, the People's Court of Appeal in Hanoi, the People's Court of First Instance in Hoan Kiem... This is to institutionalize the task of "ensuring the independence of the Court according to its jurisdiction" set forth in Resolution 27 of the Central Committee. At the same time, this 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 appellate procedure.
The draft law supplements the provisions that in the Court system there are specialized People's Courts of First Instance to try certain types of cases. The draft law also renews the ranks and grades of judicial positions, accordingly, Court Judges include Judges of the Supreme People's Court (2 ranks) and Judges (9 ranks). In addition, it supplements the standards and conditions for appointing Judges and Judges of the Supreme People's Court, including age, seniority in rank, moral qualities and credibility, quality of completed work, etc.
Regarding innovation and improvement of the quality of human resources of the Court, the Chief Justice of the Supreme People's Court said that the ranks and grades of judicial positions of Judges, Examiners, and Secretaries should be innovated to overcome the limitations and inadequacies of current regulations in mobilizing, arranging, and implementing policies for Judges, enhancing people's trust in all levels of adjudication; encouraging Judges to focus on adjudication activities to become highly qualified experts...
The Judiciary Committee does not approve of renaming provincial and district courts.
The Chairman of the National Assembly's Judiciary Committee presents the Verification Report on the draft Law on Organization of People's Courts (amended). Photo: Phuong Hoa/VNA
Presenting the review report, Chairwoman of the National Assembly's Judicial Committee Le Thi Nga said that regarding the renewal of provincial-level People's Courts and district-level People's Courts according to their jurisdiction, the majority of opinions in the Committee did not agree with the draft on renaming because the "name change" was only a matter of form, only changing the name without changing the content. These Courts are still associated with district-level and provincial-level administrative units and retain their jurisdiction.
This change leads to organizational incompatibility with other local judicial agencies; requires amendment of many related laws to ensure the consistency of the legal system; and generates compliance costs. Therefore, the Judicial Committee recommends keeping the names of these Courts as in current law.
In addition, the Chairman of the Judicial Committee said that some opinions agreed with the draft Law. The above-mentioned renovation of the Courts affirms the true nature of ensuring the independence of the Courts according to their jurisdiction; the relationship between the Courts is a procedural relationship, not an administrative relationship, and ensures the principle of independence between the levels of trial. The renovation of the Courts does not affect the leadership of the Party, the supervision of elected bodies and the coordination of work with judicial bodies at the same level.
Regarding the Specialized People's Court of First Instance, the Judicial Committee basically agrees with the regulation that in the organization of the People's Court, there is a Specialized People's Court of First Instance to handle certain types of cases of a special nature, requiring high specialization, contributing to improving the professionalism of the Court, meeting the requirements of practice. When establishing a specific Specialized People's Court of First Instance, a Project must be prepared and submitted to the competent authority for consideration and decision. The establishment of a Specialized People's Court of First Instance must comply with the provisions of the 2013 Constitution.
There are opinions suggesting that the Drafting Agency report to the National Assembly more clearly on the establishment of specific specialized People's Courts of First Instance, the number and legal areas of these Courts; stipulate right in the draft Law on Specialized People's Courts of First Instance; only assign the National Assembly Standing Committee to stipulate the number and scope of jurisdiction according to the territory of this Court. The regulation of the organization of People's Courts with specialized People's Courts of First Instance requires the opinion of competent authorities.
According to Baotintuc.vn
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