National Assembly Delegates from Nghe An give comments on the pilot project of the People's Procuracy initiating lawsuits to protect the vulnerable and public interests.
National Assembly delegates from Nghe An expressed their agreement with the pilot policy of the People's Procuracy initiating civil lawsuits to protect the disadvantaged and public interests.
However, delegates recommended clarifying the concept of "civil public interest case", specifically identifying vulnerable groups and building a mechanism to monitor the enforcement of judgments.
On the afternoon of May 21, in a discussion at Group 4, the National Assembly deputies of Nghe An delegation had 2 opinions, the majority of which focused on the draft Resolution of the National Assembly on piloting the People's Procuracy in initiating civil lawsuits to protect the civil rights of vulnerable groups or to protect public interests.
"Civil affairs depend on both sides"
Discussing the above draft resolution, delegate Thai Thi An Chung - Member of the Provincial Party Committee, Deputy Head of the Provincial National Assembly Delegation agreed with the policy of piloting this content. The scope of the pilot in 6 provinces and centrally-run cities at the same time stated in the draft is appropriate.
However, delegates expressed concerns about the content of the draft, which is the introduction of the concept of "civil public interest cases", which includes civil cases initiated by the People's Procuracy to protect the civil rights of vulnerable subjects and protect public interests when no other agency, organization or individual initiates a lawsuit.
According to the delegate, if it is called a "civil public interest case", it should be understood in the direction of the People's Procuracy initiating a lawsuit to protect public interests in cases where no other organization, individual or competent authority can do so. As for initiating a lawsuit to protect the civil rights of subjects belonging to disadvantaged and vulnerable groups, it can be studied and separated into a separate chapter.
Delegate Thai Thi An Chung also suggested that the definition of vulnerable groups in the draft is still very broad, so it is necessary to review and carefully calculate to identify them more accurately and clearly, focusing on those who are truly disadvantaged and have difficulty accessing basic services due to material conditions, living circumstances or social environment or limited civil behavior capacity.
For example, through research, delegates said that in some countries, the concept of "vulnerable groups" is defined, including the poor, low-income people, unemployed people, that is, those who are unable to pay for basic services and have difficulty accessing essential services; or orphans, children living in poor households, children suffering from domestic violence; or the elderly aged 75 and over... Some countries even extend the scope of this concept to homeless people, people affected by natural disasters, crises, ethnic minorities or minority communities.
Delegate Thai Thi An Chung also expressed concerns about the provision in the draft Resolution regarding the People's Procuracy not initiating a lawsuit if a vulnerable subject requests not to file a lawsuit. According to the delegate, such a provision means that these subjects must have an official document expressing their will to "request not to file a lawsuit" for the People's Procuracy to stop considering, investigating, verifying and not exercising the right to file a lawsuit.
According to the viewpoint of the delegate of Nghe An delegation, in civil relations, with the core principle that "civil matters depend on both parties", whether or not to file a lawsuit must first be the right of that subject (in case of full civil capacity), so further research is needed on this provision.
The delegate also suggested further research when the provisions in the draft Resolution show that: The People's Procuracy has both the duties and powers as the plaintiff and at the same time has the capacity to control compliance with the law in explaining civil cases; as well as reviewing the provisions that for cases initiated by the People's Procuracy to protect public interests, the conciliation procedure is not applied.
Very humane resolution
Regarding this content, Major General Tran Duc Thuan - Member of the National Assembly working full-time at the National Assembly's Committee on National Defense, Security and Foreign Affairs, said that this resolution is very humane.
However, he suggested that the drafting agency continue to review and clarify the scope of protected subjects; at the same time, build a close monitoring and supervision mechanism to ensure that the entire process from filing a lawsuit, trial to enforcement of the judgment is carried out synchronously and effectively. Only when the court's judgment is strictly enforced can the legitimate rights and interests of the disadvantaged be truly protected, in line with the humane spirit of the resolution.
General Thuan also suggested that it is necessary to do a good job of propaganda so that people, especially the disadvantaged, know their rights and understand the State's protection mechanism.
This policy must be popularized to enter life, helping people feel secure that, in all circumstances, the State always accompanies and protects them.
On the same afternoon, the National Assembly discussed in groups the investment policy for the Quy Nhon - Pleiku Expressway Construction Investment Project; and adjusted the investment policy for the Bien Hoa - Vung Tau Expressway Project, Phase 1.
