On the afternoon of November 9, Chief Justice of the Supreme People's Court Nguyen Hoa Binh presented to the National Assembly the draft Law on Organization of People's Courts (amended). The draft law has 154 articles, organized into 9 chapters, of which 54 new articles are added, 93 articles are amended, and 7 articles remain the same.
Chief Justice of the Supreme People's Court Nguyen Hoa Binh said the draft law aims to perfect the organizational structure, improve the quality, effectiveness and efficiency of operations; and build a professional, modern and honest court system.
One of the new points is that the draft law stipulates that the court is not obliged to collect evidence. But there are still two different opinions on this adjustment.
According to Chief Justice Nguyen Hoa Binh, the first type of opinion that the Court has no obligation to collect evidence in criminal, administrative, and civil cases is appropriate and necessary.
The reason is that in a criminal case, the Court bases on documents and evidence collected and clarified at the trial by the investigation agency, the agency assigned to conduct certain investigation activities, the Procuracy, and the results of the debate.
In civil and administrative cases, the Court shall base on documents and evidence collected and submitted to the Court by the parties in accordance with the provisions of procedural law and the results of the litigation for trial.
“A court that collects evidence and then adjudicates based on the evidence it collects may not be objective and will not fully evaluate other sources of evidence collected by the parties,” according to the Supreme People's Court.
This agency believes that the adjustment of the Court's duties and powers to collect documents and evidence aims to ensure the correct implementation of the principles of impartiality and objectivity, so that the Court always plays the role of arbitrator and adjudicator based on the evidence presented by the parties, truly respects and ensures the principle of litigation, the principle of "civil matters depend on both parties"; in accordance with international practice.
The second type of opinion suggests that this provision should be carefully considered because it may cause difficulties in resolving cases. The provision that the Court collects evidence is still suitable for the current socio -economic conditions of our country.
Examining this content, the Judiciary Committee approved the provisions of the draft law in the direction that the Court is not obliged to collect evidence.
Instead, the Court guides and requests litigants to collect evidence and prepare files for civil and administrative cases; and supports litigants who are disadvantaged in society to collect evidence in civil and administrative cases.
The investigating agency pointed out that, for criminal cases, the indictment, investigation, and prosecution are the responsibility of the investigating agency and the Procuracy. The court shall base on the documents and evidence collected by the investigating agency and the Procuracy in the case file, after examining and clarifying at the trial, and the results of the debate at the trial, to issue a verdict on the case.
If there is a lack of evidence or signs of omission of a crime, the Court shall return the case file for further investigation.
For civil and administrative cases, the investigating agency emphasizes that the obligation to collect evidence and prove belongs to the parties, the Court does not have this responsibility.
According to the examining agency, the Court shall base on the documents and evidence collected by the parties and submitted to the Court, after examining and clarifying at the trial, and the results of the debate at the trial to issue a judgment.
"If the Court collects evidence and then relies on the evidence it collected to make a judgment, it will not ensure the principle of objectivity and impartiality," said the representative of the investigation agency.
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