Discussion of the Law on Judicial Expertise and the Law on Dissemination and Education of Law
(Baonghean) On the morning of May 29, the National Assembly held a plenary session in the hall to discuss a number of content with different opinions in the draft Law on Judicial Expertise. This is the Law project that the National Assembly will vote to approve at this session.
According to the Report on explanation and acceptance of revision presented by member of the National Assembly Standing Committee (NASC), Chairman of the National Assembly's Judicial Committee Nguyen Van Hien, there are still different opinions on a number of contents of the draft Law on Judicial Expertise regarding: Scope of regulation; the right of litigants to directly request judicial expertise; public judicial expertise organizations; non-public judicial expertise organizations; re-appraisal and Council appraisal.
In their discussion, the National Assembly delegates emphasized the need to promulgate the Law on Judicial Expertise and basically agreed with the explanation and acceptance of the Standing Committee of the National Assembly. The main content that the delegates were interested in and commented on during the meeting was about the organization of provincial-level forensic expertise. When this regulation was brought up for discussion at the second session, there were two different opinions:
Firstly, focus on forensic examination activities in the health sector to ensure objectivity and professionalism. Secondly, maintain the current regulations. According to the Standing Committee of the National Assembly, this is the most fundamental innovation in the draft Law on Judicial Examination that the Government submitted to the National Assembly. However, the innovation of the forensic examination organization model at the provincial level needs to consider the actual conditions as well as evaluate the advantages and disadvantages of each option.
Many opinions suggested keeping the current regulations on the organizational structure of provincial-level forensic examination and improving it in a more formal and modern direction because through many years of practice, the team of forensic examiners under the Criminal Techniques Department of the Provincial Police mainly performs autopsy examinations and is promptly serving the handling of cases of violations of human life.
However, there are also opinions that concentrating forensic examination activities on forensic examination organizations under the health sector will partially meet the requirements of administrative reform and judicial reform in the direction of reducing the number of focal points, ensuring compliance with the nature of professional management, because forensic examination is a medical field under the state management authority of the Ministry of Health. This also creates conditions for the Government to focus on intensive investment in human resources and facilities for the system of forensic examination organizations, overcoming the current shortcomings.
In addition to the above content, delegates also contributed many opinions around 3 groups of issues: The right of the litigant to directly request a judicial appraisal; non-public judicial appraisal organization; additional appraisal, re-appraisal and council appraisal.
Continuing the working program, on the afternoon of May 29, National Assembly deputies worked in the Hall to discuss a number of contents with different opinions of the draft Law on Dissemination and Education of Law. According to the Program, the draft Law on Dissemination and Education of Law will also be voted and approved by the National Assembly at this session.
The report of the National Assembly Standing Committee explaining, receiving and revising the draft Law on Dissemination and Education of Law presented by Chairman of the National Assembly's Law Committee Phan Trung Ly raised the major contents of the draft including the scope of regulation; socialization of law dissemination and education; the council for coordinating law dissemination and education; Law Day; content and form of law dissemination and education...
At the discussion session, the majority of opinions of National Assembly deputies agreed with many contents in the draft Law, regulating the content and form of dissemination and education of law; the right to information about law and the responsibility of citizens to learn and study law; the responsibilities of competent agencies, organizations and individuals and the conditions to ensure the work of dissemination and education of law.
Through discussion, many delegates agreed with the regulation of establishing a Coordination Council for Dissemination and Education of Law in the draft Law. This is necessary because in practice, this form has been effective in guiding the implementation of the work of dissemination and education of law. However, there are still opinions that it is necessary to specify the functions, tasks, powers and organizational structure of this Council.
Regarding the content of the provisions on Law Day (Article 8), through discussion, many opinions agreed with the provisions of the draft Law on Law Day of the Socialist Republic of Vietnam.
Regarding this issue, the National Assembly Standing Committee believes that in addition to the general target of citizens, there are a number of target groups who are less likely or have the actual conditions to access the law or who need education to change their behavior to raise awareness of law compliance. Therefore, it is necessary to clearly identify a number of specific targets in the dissemination and education of the law.
At the discussion session, National Assembly deputies gave their opinions on the following issues: subjects of legal dissemination and education; legal education in schools and other educational institutions in the national education system; responsibilities of agencies, organizations and individuals in disseminating and educating about the law; legal reporters and legal propagandists...
MQ (General)
