The National Assembly discussed the lawsuit to protect the civil rights of vulnerable groups.
On the morning of May 29, the National Assembly held a plenary session in the hall to discuss the Draft Law on amending and supplementing a number of articles of the Law on Credit Institutions and 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.
At the meeting hall, the National Assembly discussed 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.
The Supreme People's Procuracy (SPP) has proposed a draft resolution with many contents. The resolution will stipulate the tasks, powers and competence of the PPC in receiving, collecting and processing information on violations; measures to verify and collect documents and evidence to prove violations; notify relevant entities; and recommend agencies, organizations and individuals with the right and responsibility to file lawsuits.
Stipulate the responsibilities of relevant agencies, organizations and individuals in coordinating with the People's Procuracy to ensure the implementation of the People's Procuracy's right to initiate a lawsuit; the responsibilities of judicial appraisal and valuation organizations... to support the People's Procuracy in collecting evidence to prove violations and performing the task of protecting the interests of vulnerable groups or protecting public interests.
Stipulates that in cases where agencies, organizations and individuals file lawsuits according to the provisions of the Civil Procedure Code, the People's Procuracy shall support the lawsuit upon request; stipulates cases where the People's Procuracy files civil public interest lawsuits.
In addition, the resolution also stipulates the order and procedures for resolving public civil cases such as the jurisdiction to try public civil cases; the responsibility of the court in accepting public civil cases; and special features of litigation procedures in public civil cases that are different from the procedures for resolving normal civil cases.
Speaking at the discussion, Mr. Tran Nhat Minh - full-time National Assembly delegate of the National Assembly delegation of Nghe An province expressed his high agreement with the draft Resolution. At the same time, he participated in giving comments on a number of contents according to the suggestions of the examining agency.
Giving opinions at the meeting, National Assembly Delegate Tran Nhat Minh requested clarification on whether the content "the person conducting the proceedings under the People's Procuracy performing the duties and powers to initiate a civil public interest lawsuit" is consistent with the role of the person conducting the proceedings or not?
According to delegate Tran Nhat Minh, when the prosecutor initiates a lawsuit, it means that the prosecutor participates in the civil case as the plaintiff, as a participant in the proceedings. Meanwhile, according to Clause 2, Article 21 of the current Civil Procedure Code, in most cases mentioned in Article 3 of the draft Resolution, the prosecutor must participate in the first instance trial to supervise compliance with the law in civil proceedings.
Thus, in these specific cases, the role of the Procuracy as a litigant or a participant in the proceedings needs to be clearly defined, because this issue is related to the questioning and debate process at the trial, the implementation of the rights and obligations of the litigants and the duties of the representative of the Procuracy at the trial.
Regarding the scope of regulation and subjects of application, the drafting agency proposed 6 groups of vulnerable subjects and 4 groups of subjects of public interest in the Draft Resolution. Comparing with the Civil Procedure Code, Delegate Tran Nhat Minh said that many subjects in the vulnerable groups and public interests of the Draft Resolution are more broadly regulated than the Civil Procedure Code and there are some inconsistent cases.
Therefore, delegate Tran Nhat Minh proposed to study and review the provisions in Clause 2, Article 21, Article 187 of the Civil Code to stipulate the subjects belonging to the Vulnerable Group and Public Interest in Clause 2, Clause 3, Article 3 of the draft Resolution to ensure consistency, no omissions, and continue to review to add other necessary cases according to the provisions of law.
