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Revisions made to People's Court law
Friday, March 14, 2014
The revised Law on Organisation of the People's Court must be in line with the new Constitution, advancing the country's efforts in judicial reforms, noted National Assembly Standing Committee members.
Nguyen Son, the deputy chief judge of the Supreme People's Court, noted in the report presented in front of the NA Standing Committee, that after more than 10 years since its implementation in 2002, the Law on the Organisation of the People's Court has become outdated and not in line with the fast-changing economy and society.
The revised law suggested that the people's court system will be divided into four levels: the Supreme People's Court, the High-Level People's Court, the Provincial People's Court, and the First-case regional People's Court, which will replace the current District People's Court.
However, Phan Trung Ly, the chairman of the NA Legal Committee, noted that the role and rights of these courts must be clearly defined and followed to ensure that they do not overlap and the judicial rights of the people are protected.
The NA Standing Committee also recommended that the NA or the NA Standing Committee should have the final say on the formation of these courts instead of the chief judge of the Supreme People's Court. The Constitution stipulates that the NA regulates the activities and organisation of the People's Court.
According to the NA Legal Committee, improving the quality of the court system also means raising the quality of the judges, prompting the need to appoint people outside the judicial system if they are qualified, for instance, those who have previously worked as lawyers.
With regard to the establishment of the Institute of Court Studies, which provides the human resources for the sector, the NA members remarked that the formation of such an institution, which is an institution of higher learning at the national level, must not be part of this revised law. Its formation must abide by the Law on Higher Education, which stipulates that the formation or dissolution of a university must be decided by the Prime Minister.
This is the first time that the revised Law on the Organisation of the People's Court will be submitted for consideration during the NA general session, which will commence this May.
Earlier yesterday, the National Assembly Standing Committee members spent the morning session discussing the draft Law on the organisation of the People's Procuracy.
The draft law is a revision of the 2002 law of the same name with four chapters removed and an addition of 60 provisions.
The National Assembly Standing Committee emphasised that the draft law needs to be made consistent with the newly approved Constitution as well as the Government's judicial reforms and take into consideration the existing challenges faced by the judicial system.
Head of the Viet Nam Supreme People's Procuracy Nguyen Hoa Binh stated that the draft law had been revised in order to increase the investigative power of the Procuracy as well as its capacity of inspecting prosecution decisions related to the possible limit of human rights and to show the consistency in the procuracy's leadership and its principles. All the changes have been incorporated to make the law consistent with the new Constitution.
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News, Politics - Laws
Nguyen Son, the deputy chief judge of the Supreme People's Court, noted in the report presented in front of the NA Standing Committee, that after more than 10 years since its implementation in 2002, the Law on the Organisation of the People's Court has become outdated and not in line with the fast-changing economy and society.
Nguyen Son, the deputy chief judge of the Supreme People's Court, noted in the report presented in front of the NA Standing Committee.
The revised law suggested that the people's court system will be divided into four levels: the Supreme People's Court, the High-Level People's Court, the Provincial People's Court, and the First-case regional People's Court, which will replace the current District People's Court.
However, Phan Trung Ly, the chairman of the NA Legal Committee, noted that the role and rights of these courts must be clearly defined and followed to ensure that they do not overlap and the judicial rights of the people are protected.
The NA Standing Committee also recommended that the NA or the NA Standing Committee should have the final say on the formation of these courts instead of the chief judge of the Supreme People's Court. The Constitution stipulates that the NA regulates the activities and organisation of the People's Court.
According to the NA Legal Committee, improving the quality of the court system also means raising the quality of the judges, prompting the need to appoint people outside the judicial system if they are qualified, for instance, those who have previously worked as lawyers.
With regard to the establishment of the Institute of Court Studies, which provides the human resources for the sector, the NA members remarked that the formation of such an institution, which is an institution of higher learning at the national level, must not be part of this revised law. Its formation must abide by the Law on Higher Education, which stipulates that the formation or dissolution of a university must be decided by the Prime Minister.
This is the first time that the revised Law on the Organisation of the People's Court will be submitted for consideration during the NA general session, which will commence this May.
Earlier yesterday, the National Assembly Standing Committee members spent the morning session discussing the draft Law on the organisation of the People's Procuracy.
The draft law is a revision of the 2002 law of the same name with four chapters removed and an addition of 60 provisions.
The National Assembly Standing Committee emphasised that the draft law needs to be made consistent with the newly approved Constitution as well as the Government's judicial reforms and take into consideration the existing challenges faced by the judicial system.
Head of the Viet Nam Supreme People's Procuracy Nguyen Hoa Binh stated that the draft law had been revised in order to increase the investigative power of the Procuracy as well as its capacity of inspecting prosecution decisions related to the possible limit of human rights and to show the consistency in the procuracy's leadership and its principles. All the changes have been incorporated to make the law consistent with the new Constitution.
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