National Assembly delegates from Nghe An discuss draft laws on the organization of People's Courts and People's Procuracies.
On May 19, the Nghe An National Assembly delegation contributed many opinions on the draft amendments and supplements to the organization of the People's Court and the People's Procuracy.
Reasonable transitionadministrative and civil judgments when reorganizing the court system
On the morning of May 19, at the discussion session on the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts, Mr. Tran Nhat Minh - National Assembly member in charge of Nghe An delegation proposed to review and adjust inconsistent regulations related to the reorganization of the Court system and related laws, and at the same time propose a suitable transition plan to avoid overloading the new court system.
Accordingly, in the draft regulations on amending and supplementing a number of articles of the Law on State Compensation Liability, there are additional cases where the Supreme People's Court's Council of Judges annuls the final judgment or retrial decisions of the High People's Court. Delegates agree with the additional provisions of the draft law.
However, in terms of legislative techniques, he said that these cases all stipulate the cancellation of decisions of the High People's Court, but according to the draft Law, the High People's Court is no longer a level in the structure and organization of the People's Court system.
The delegate of Nghe An delegation commented: this provision is only meant to resolve cases of task transfer within the Court system when organizing a 3-level Court to resolve matters arising before the High People's Court ends its operations, so it has a transitional meaning between the current Law and the amended and supplemented Law.
Therefore, the delegate proposed that the drafting agency study and transfer cases related to this provision to the provisions in the Resolution on the implementation of the Law amending and supplementing a number of articles of the Law on Organization of People's Courts; the Law amending and supplementing a number of articles of the Law on Organization of People's Procuracies, procedural laws and other relevant laws.
Regarding the provisions amending and supplementing the Law on Complaints and the Law on Denunciations, the delegate of Nghe An delegation proposed to clarify which level of government has the authority to receive reports or notifications from the Court and the Procuracy. In addition, the delegate said that the use of the phrases "Local People's Court" and "Local People's Procuracy" is not accurate, because it does not correctly reflect the new organizational structure according to the model of Regional People's Court and Regional People's Procuracy.
Regarding the draft Resolution on the implementation of the Law amending the Law on Organization of People's Courts and the Law amending the Law on Organization of People's Procuracies, procedural laws and related laws, delegate Tran Nhat Minh noted a number of provisions related to the transfer of administrative and civil cases from provincial People's Courts to regional People's Courts.
According to feedback from localities, the Provincial People's Court is currently handling a large number of civil and administrative cases at the first instance stage. If all these cases are transferred to the Regional People's Court after the law takes effect, it will create great pressure on the new court system.
Meanwhile, if the overload situation occurs, it will not only affect the progress of resolving the case but also affect the quality of the trial and the legitimate rights and interests of the people. Therefore, he proposed that there should be a suitable handling roadmap, accordingly: cases that have passed the dialogue and trial preparation stages will be continued to be handled by the Provincial People's Court; new cases at the stage of filing a lawsuit and preliminary acceptance will be transferred to the Regional People's Court to handle again from the beginning.
In addition, to avoid prolonging the transition period, there should be specific regulations for cases that the Provincial Court has accepted but then decided to suspend, because the current Law on Procedure does not clearly stipulate the time limit for suspension.
Ensure uniformity in regulations on authorityof the Supreme People's Procuracy Chief
On the same afternoon, the National Assembly discussed in the hall the draft Law on amending and supplementing a number of articles of the Law on the Organization of the People's Procuracy. Commenting on this draft Law, delegate Tran Nhat Minh said that it is necessary to clarify the lack of consistency between the two draft laws being submitted to the National Assembly for consideration.
Specifically, in the draft Law amending and supplementing a number of articles of the Criminal Procedure Code, there are provisions to supplement the duties and powers of the Chief Prosecutor of the Supreme People's Procuracy, including stipulating the authority of the People's Procuracy at all levels in exercising the right to prosecute and supervise compliance with the law in criminal proceedings.
However, in the draft Law amending and supplementing a number of articles of the Law on Organization of the People's Procuracy, the content on the duties and powers of the Chief Prosecutor of the Supreme People's Procuracy does not add the above duties. Therefore, the delegate requested the drafting agency to study and review to ensure consistency in the legal system.
In addition, the delegate of Nghe An also raised the issue of whether it is necessary to add this new regulation or not, because according to him, the authority of the People's Procuracy at all levels in exercising the right to prosecute and supervise proceedings has been specifically regulated in the Criminal Procedure Code.
During the working day, the National Assembly heard the presentation and appraisal report of the following contents: investment policy for the Quy Nhon - Pleiku Expressway Construction Investment Project; adjustment of investment policy for the Bien Hoa - Vung Tau Expressway Project, Phase 1; supplementing the regular expenditure budget (foreign non-refundable aid) in 2025; the transition to applying a number of specific mechanisms and policies that have been allowed by the National Assembly to be implemented in a number of localities after restructuring the apparatus and expanding administrative boundaries according to the policies of the Party and State; 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.
