Improve the effectiveness of law enforcement monitoring

(Baonghean) - Monitoring and supervising the implementation of the law is a new, vast and equally complex field. During the implementation process, many shortcomings and limitations have been revealed. Among them, the biggest shortcomings are the coordination between agencies, departments, and branches and the limited legal awareness of organizations and individuals...

Wide range,thin manpower

Mr. Hoang Quoc Hao, Director of the Department of Justice, said: Decree No. 59/2012/ND-CP on monitoring the implementation of the law is an important legal basis for implementing the work of monitoring the implementation of the law, in which the participation of political organizations, socio-political organizations, socio-professional organizations and the people is identified as a principle of monitoring the implementation of the law.

Since Decree 59 was issued, the situation of law enforcement and monitoring has been implemented more fully and responsibly by agencies, departments and branches. At the Department of Natural Resources and Environment, in the past 3 years, 70 inspections and checks have been organized and 190 violations of the law have been detected. Of these, 113 cases were administrative violations and fined more than 1.1 billion VND. Mr. Thai Van Nong, Deputy Director of the Department of Natural Resources and Environment, said: Determining that the work of monitoring the situation of law enforcement is very important, every year, the Department's leaders have issued documents urging and directing specialized departments to organize assessments of the current situation and effectiveness of law enforcement in order to perfect the legal system and raise awareness and consciousness of cadres, employees and people in the field of natural resources and environment.

The provincial interdisciplinary inspection team inspected standards, measurements and quality of pre-packaged goods at 1-5 LLC.

However, Decree 59 covers a large and complex scope. Therefore, for many agencies, although they have done this work before, now that it is specifically regulated, they still cannot avoid confusion. Mr. Nguyen Trung Chau, Vice Chairman of Vinh City People's Committee, said: The work of monitoring the implementation of the law is a new task with a wide scope and complexity that requires detailed guidance, but currently the documents are still general, so it is very difficult to implement. Officials doing the work of monitoring the implementation of the law have not been properly and regularly trained and are working part-time, so their capacity is still limited. In addition, the process of participation between sectors, departments and offices has not been closely coordinated and enthusiastic, so the results have not been groundbreaking and widespread in society. The main reason is that the work of monitoring the implementation of the law is a newly implemented task, there is not much experience; the implementation is still scattered, without a focus.

With a wide scope, the work of monitoring law enforcement requires smooth coordination and combination of task implementation. Law enforcement in each sector and field must be carried out by the management agency of that sector and field; the judicial agency cannot and does not have the capacity to do so. Therefore, in order to assess the situation of law enforcement in the fields, the judicial agency must coordinate with relevant agencies, departments and sectors to implement and those agencies must be responsible for implementing monitoring, evaluation and reporting the results of the assessment of the situation of law enforcement in the field of management to the judicial agency. However, according to the representative of the Department of Natural Resources and Environment, the coordination between departments is currently limited to reporting and participating in training. Along with that, the inspection force is still thin, so the inspection of law enforcement by organizations and individuals has not been carried out regularly.

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To improve the effectiveness of law enforcement monitoring, in 2014, the Provincial People's Committee identified two key issues that need to be monitored in the province: the situation of law enforcement in handling administrative violations in the field of road traffic and the survey of the implementation of the ordinance on preferential treatment for people with revolutionary contributions. To implement the plan, the Chairman of the Provincial People's Committee issued a decision to establish an interdisciplinary inspection team to implement it. In addition, departments and branches also established inspection, investigation and survey teams for the situation of law enforcement in the selected key areas. Thereby, it was discovered that the situation of individuals taking advantage of the Party and State's policies for people with revolutionary contributions is happening quite a lot. Recently, on July 3, Nghe An Police searched the house of Mr. Dang Hong Tu (61 years old, 1/4-class disabled soldier) in Le Mao ward, Vinh city and discovered and seized 75 kg of fake documents of disabled soldiers and many seals suspected of being fake. Previously, the authorities also inspected and discovered 195 cases of fake war invalids and then the Department of Labor, Invalids and Social Affairs directed the Labor, Invalids and Social Affairs offices of the districts to recover 21 billion VND wrongly spent on these cases.

Regarding the road traffic sector, in 2014, the Provincial People's Committee issued 4 legal documents detailing and guiding the implementation of legal documents related to handling administrative violations in the road traffic sector. In particular, regarding the handling of oversized and overloaded vehicles, the Provincial People's Committee established an interdisciplinary inspection team and organized a mobile vehicle weight inspection station in the province. Thanks to that, thousands of oversized and overloaded vehicles were inspected and handled by the authorities. Many drivers strictly complied, but there were also many drivers who resisted, took advantage of loopholes of the authorities to bypass the weighing station, or used tricks to avoid inspection by the authorities. The representative of the provincial police assessed that in the process of organizing the monitoring of law enforcement, the authorities found that some regulations in legal documents on handling administrative violations in the field of road traffic have not been promptly and seriously implemented by state agencies and competent persons. Specifically, the traffic police force and the district-level public security order police have not strictly handled cases of violations of regulations on protecting road traffic infrastructure as prescribed in Article 15, Decree 171 of the Government.

In practice, violations of the law by organizations and individuals are still common. The handling of administrative violations and administrative enforcement is not really thorough, there are still violations missed, and legal regulations are not applied correctly; the number of violations detected and handled tends to increase, especially in areas such as: Security, order and social safety, traffic, environment, land, construction, forest protection, etc. Therefore, in order to improve the quality and effectiveness of monitoring the implementation of the law in the province in the coming time, the Ministry of Justice needs to promptly develop and issue a Circular guiding the monitoring of the implementation of the law; Strengthening coordination between levels, sectors and localities in monitoring law enforcement... For Party committees and authorities at all levels and sectors, it is necessary to pay attention to direction, relevant agencies and organizations should pay attention to coordination and require proactive implementation of tasks, as well as exchange of experiences, difficulties and obstacles of judicial agencies at district and commune levels so that this work can achieve the highest efficiency.

Nguyen Hung