Difficulties may arise if the Court does not collect evidence
According to the Report on some major issues in receiving and revising the draft Law on Organization of the People's Courts (amended), many National Assembly delegates agreed with the regulation that the Court is not obliged to collect documents and evidence; Many opinions disagree and suggest regulating some cases in which the Court collects evidence.
The Standing Committee of the Judiciary said that Resolution No. 27 - NQ/TW on continuing to build and perfect the Vietnamese socialist rule of law state in the new period requires: "Research and clarify... cases where the Court collects evidence during trial activities."
The current Law on Organization of the People's Court does not stipulate the scope of evidence collection by the Court. The procedural law regulates evidence collection activities/measures, in which the civil and administrative procedure law stipulates: “If the litigant cannot collect it, he has the right to request the Court to collect evidence.". Since then, many litigants have not fully fulfilled their obligations, leading to many Courts being overloaded with work. Therefore, it is necessary to review and strictly regulate the Court's collection of evidence right in the draft Law.
Practice shows that if the Court does not collect evidence in some cases, it may be difficult or impossible to resolve the case. On the other hand, the regulations for the Court to collect evidence need to consider the practical conditions of our country in terms of intellectual level, legal awareness, economic circumstances of a part of the people...
On the basis of receiving comments from National Assembly delegates and the conclusion of the National Assembly Standing Committee "request to amend Article 15, including regulations on Court support in collecting evidence and directly collecting evidence" , the Standing Committee of the Judiciary proposed: in addition to regulating the Court to request, guide, and support the collection of documents and evidence, inspection and appraisal of the authenticity of documents and evidence, it is necessary to regulate decided that the Court directly collect documents and evidence to institutionalize Resolution 27 - NQ/TW and in accordance with the practical conditions of our country.
The court does not refuse to collect documents and evidence
Discussing at the conference, National Assembly deputies Tran Nhat Minh (Nghe An), Pham Van Hoa (Dong Thap), Nguyen Anh Tri (Hanoi) agreed with the plan of the Standing Committee of Justice and said that collecting financial Data and evidence in resolving criminal cases, administrative cases, civil cases and other cases under the Court's authority are necessary.
Citing Clause 1, Article 15 of the draft Law, "The Court requires agencies, organizations and individuals to provide documents and evidence according to the provisions of law. Agencies, organizations and individuals that are managing and storing documents and evidence are responsible for providing documents and evidence according to the provisions of law when requested by the Court," delegate Nguyen Anh Tri said. that this regulation is in accordance with the functions of the Court and in accordance with the intellectual and legal consciousness of today's citizens. In addition, the delegate also pointed out that the relevant regulations are very transparent, such as: Clause 2, Article 15 of the draft Law stipulates that "Courts collect documents and evidence by receiving documents and evidence." provided by relevant agencies, organizations and individuals, submitted by the parties"; Clause 5, Article 15 of the draft Law stipulates that "In criminal, administrative, civil and other cases, the parties collect, provide and submit documents and evidence to the Court according to regulations." provisions of the law. The Court, based on documents and evidence provided by relevant agencies, organizations and individuals, submitted by the parties, and clarified at court hearings and meetings according to the provisions of law and the results of litigation to adjudicate and resolve cases and matters”.
In Clause 3, Article 15 of the draft Law clearly states that "in administrative cases, civil cases and other cases, the Court guides and requests relevant agencies, organizations and individuals to provide, the parties Collect and submit documents and evidence. In cases where the parties have taken all necessary measures but cannot collect documents and evidence and request it, the Court will assist in collecting documents and evidence by requesting agencies, organizations or individuals. Provide documents and evidence according to the provisions of law." Thinking that this regulation demonstrates the Court's responsibility, however, delegate Nguyen Anh Tri also suggested that Clause 3, Article 15 should add the content "The Court supports the collection of evidence and directly collects evidence." evidence".
Given that, according to current procedural law, the Court not only collects documents and evidence by receiving documents and evidence provided by relevant agencies, organizations and individuals, submitted by the parties but also in a number of other forms. Therefore, to ensure compatibility with legal provisions on proceedings, delegate Tran Nhat Minh proposed to study and amend Clause 2, Article 15 as follows: The Court collects documents and evidence by Receive documents and evidence provided by relevant agencies, organizations and individuals, submit them by the parties and may take a number of other measures to collect documents and evidence according to the provisions of law on procedural.
Explaining this issue, Chief Justice of the Supreme People's Court Nguyen Hoa Binh stated clearly that Article 15 of the draft Law clearly shows that the Court has the right and duty to request agencies and organizations to collect evidence. The Court is responsible for receiving evidence and documents provided by agencies, organizations and individuals. Another task is for the Court to guide litigants in collecting evidence. The court examines and evaluates the evidence and documents contained in the file. Thus, the scope of evidence collection according to Resolution 27 - NQ/TW needs to be clarified. The Chief Justice of the Supreme People's Court also said, "will review the wording for more clarity. But the Court's task is to request, receive, guide, support, check and evaluate the authenticity of evidence and on the basis of the evidence collected for trial, these tasks have been reflected. full light".
Concluding the discussion session, Vice Chairman of the National Assembly Nguyen Khac Dinh proposed that the Standing Committee of the Judiciary chair and coordinate with the Supreme People's Court and relevant agencies to complete the content of reception and resolution. present opinions of National Assembly delegates at the Conference; Complete the dossier to seek opinions from the Ethnic Council, Committees, and relevant agencies and send the Law project dossier to get opinions from National Assembly delegations to receive, complete, and prepare for submission to the National Assembly. at the next Meeting.
