Over 60% of complaints and accusations are false.

(Baonghean)- According to the provisions of the Constitution and the law, citizens have the right to complain and denounce. However, in recent times, there have been many cases of citizens making false complaints and denunciations, causing consequences for society. The basic reason is that a part of the complainants and denouncers do not fully understand the provisions of the law. Mr. Hoang Quoc Hao - Director of the Department of Justice discussed with Nghe An Newspaper about this issue.

Reporter: Can you tell us about the current implementation of the Law on Complaints and the Law on Denunciation in our province?

Mr. Hoang Quoc Hao:In recent times, the number of complaints and denunciations in the province has been on the rise. Specifically, in 2015, relevant agencies of the province received 6,523 citizens coming to complain, denounce, make recommendations and reflect; an increase of 15.8% over the same period. Received 7,684 letters of complaints, denunciations, recommendations and reflections, land disputes (an increase of 4.4% over 2014).

Up to now, all levels and sectors have resolved 454/470 complaints, reaching a rate of 96.6%; 206/213 denunciations arising under their authority, reaching a rate of 96.7%. Through the resolution of complaints and denunciations, it shows that: Number of correct complaints: 25/248 cases, accounting for a rate of 10.1%; Number of correct and incorrect complaints: 74/248 cases, accounting for a rate of 29.8%; Number of incorrect complaints: 149/248 cases, accounting for a rate of 60.1%; Number of correct denunciations: 11/206 cases, accounting for a rate of 5.3%; Number of correct and incorrect denunciations: 65/206 cases, accounting for a rate of 31.6%; and the number of false accusations was 130/206 cases, accounting for 63.1%.

Although citizens have the right to complain and denounce, they still do not properly exercise their rights as prescribed by the Constitution and the law; the situation of making false complaints and denunciations is still common.

Director of the Department of Justice Hoang Quoc Hao: "The fundamental cause of the increase in false complaints and denunciations is due to lack of understanding of the law...".

Reporter: So the rate of citizens making false complaints and accusations is still high. What do you think is the cause?

Mr. Hoang Quoc Hao:Clause 1, Article 2 of the Law on Complaints stipulates: “A complaint is a citizen, agency, organization or cadre or civil servant, following the procedures prescribed by this law, requesting a competent agency, organization or individual to review an administrative decision or administrative act of a state administrative agency or a competent person in a state administrative agency or a disciplinary decision against a cadre or civil servant when there is reason to believe that such decision or act is illegal or infringes upon his/her legitimate rights and interests”. Article 2 of the Law on Denunciation stipulates: “A denunciation is a citizen, following the procedures prescribed by this law, informing a competent agency, organization or individual about a violation of the law by any agency, organization or individual that causes damage or threatens to cause damage to the interests of the State or the legitimate rights and interests of citizens, agencies or organizations”.

It can be seen that the right to complain of citizens is clearly stipulated by law; and citizens participating in complaints and denunciations will contribute to cleaning up social life, promoting social development. But that is correct complaints and denunciations. On the contrary, wrong complaints and denunciations waste time of agencies related to handling complaints and denunciations, complainants and denouncers and related parties; even causing consequences for society...

In my opinion, the reason for the situation of false complaints and denunciations is that the complainant or denouncer lacks understanding, or does not fully understand the provisions of the law. This is not only talking about the Law on Complaints and the Law on Denunciations, but also other laws related to the content of complaints and denunciations that are popular today such as the Land Law, the Civil Law, the Criminal Law... the complainant or denouncer also needs to fully understand. That is not to mention, when making a complaint or denunciation, the person making it also needs to understand his or her responsibilities.

“Q&A on the Law on Complaints and the Law on Denunciation” - a book that people participating in complaints and denunciations need to study to gain legal understanding.

Reporter: Sir, to minimize the problem of false complaints and denunciations; to put complaints and denunciations on the right track, contributing to socio-economic development, as the Standing agency of the Provincial Council for Coordinating Legal Education and Dissemination, what issues should we focus on?

Mr. Hoang Quoc Hao: From the reasons pointed out, we determined that the work of disseminating and educating the law on complaints and denunciations is extremely important. In 2013, the Central Government issued the Project "Continuing to strengthen the work of disseminating and educating the law on complaints and denunciations in communes, wards and towns in the period of 2013 - 2016" and our province is very interested in and focused on implementing this project.

Looking back at the period of 2011 - 2015, with the leadership of the Provincial Party Committee, the Provincial People's Council - Provincial People's Committee, the active participation of all levels and sectors, the work of disseminating and educating the law has really had positive changes, bringing practical results, gradually going into depth, creating an impression in enhancing the awareness of law compliance of civil servants, public employees and people. Thereby, most of the components of society have recognized the true values ​​of the law, respected and complied with the law, known how to use the law to protect their legitimate rights and interests, those of everyone and protect the interests of society; strengthened solidarity in the community, contributed to reducing the situation of law violations and the problem of petitions and complaints beyond the level.

However, in addition to the achievements in the dissemination of legal knowledge in general, and the dissemination of the law on complaints and denunciations in particular, there are still certain limitations. Therefore, the law has reached the people but not regularly, many legal contents are not specifically understood by the people, leading to misunderstanding and incorrect application in practice. Specifically, the situation of incorrect complaints and denunciations still accounts for a high rate (over 60%).

2016 is a very important year, with many major and important events of the country such as: the 12th National Party Congress; elections of National Assembly and People's Council deputies at all levels; the third year of implementing the Constitution... Therefore, the Department of Justice has advised the Provincial People's Committee to direct departments, branches, districts, cities, towns and socio-political organizations to focus on legal dissemination work.

In particular, focusing on disseminating and thoroughly grasping the Resolutions of the Party Congresses at all levels and the Resolution of the 12th Party Congress, propagating the election of People's Councils at all levels for the 2016-2021 term and the election of the 14th National Assembly. Timely and effectively propagating the laws that came into effect in 2016; focusing on disseminating new laws promulgated by the National Assembly, especially laws protecting human rights and civil rights such as the Civil Code (amended), the Penal Code (amended); laws and codes on procedural matters...; organizing the introduction and widespread dissemination of guidelines, policies, and legal provisions that the public is interested in.

Along with that, at the local level, promote the implementation of the Law on Mediation; innovate methods and enhance the effectiveness of legal dissemination and education; strengthen the team of propagandists and mediators; effectively carry out the work of building, managing and exploiting the Law Bookcase at the local level...

Reporter:Thank you sir.

Nhat Lan