Proposal to pilot the prosecution to initiate civil lawsuits to protect public interests

According to Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien, practical basis shows that protecting the civil rights of vulnerable groups or protecting public interests through initiating civil lawsuits is assigned to agencies, organizations and individuals.

However, in the past, agencies, organizations and individuals have not yet fulfilled, or have not fully fulfilled, or have not effectively fulfilled their responsibilities, leading to the fact that State interests, public interests, and the legitimate rights and interests of vulnerable groups have not been effectively protected in accordance with the provisions of law.

Scene of the meeting on the afternoon of May 19. Photo: QUANG PHUC

According to Mr. Nguyen Huy Tien, this situation is due to many reasons, including the fact that agencies and organizations do not have enough resources, capacity, and experience to participate in litigation; the law has not yet stipulated a mechanism to ensure that agencies, organizations, and individuals properly exercise their right to initiate civil lawsuits in these cases.

The Chief Justice of the Supreme People's Procuracy also said that in the practice of the right to prosecute and supervise the settlement of cases and incidents in the criminal, civil and administrative fields, the People's Procuracy has discovered many cases of crime and violations. Although the violators have been prosecuted for criminal liability, the civil part that caused damage to the State and vulnerable groups has not been completely remedied.

There are also cases where violations have not reached the level of criminal liability but civil issues must be resolved to remedy the consequences and compensate for damages to the State or vulnerable groups, but no agency, organization or individual has filed a lawsuit, causing loss, waste and damage to the State, while the rights and interests of vulnerable groups have not been thoroughly and effectively protected.

Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien. Photo: QUANG PHUC

The Supreme People's Procuracy finds that the development of a National Assembly Resolution on piloting the People's Procuracy in initiating civil lawsuits to protect the civil rights of vulnerable groups or to protect public interests in urgent cases to resolve issues arising in practice according to simplified procedures is necessary and well-founded.

Given the above reality, the Supreme People's Procuracy proposes that the National Assembly allow the development of a National Assembly resolution on piloting the above content according to simplified procedures to meet practical requirements, creating a legal basis for the People's Procuracy to initiate lawsuits to protect the interests of the State and the legitimate rights and interests of organizations and individuals.

The review report of the National Assembly's Committee on Law and Justice later stated that, after the review, there were still some unclear and unspecific contents. Among them, there was the content to avoid the "civilization" of criminal and administrative relations. The review agency requested the drafting agency to review and classify acts before filing a lawsuit; at the same time, supplement the principles to avoid the civilization of criminal and administrative relations; further clarify the basis, conditions and scope of the lawsuit of the People's Procuracy to avoid abuse of power or too deep interference in the activities of other agencies and organizations.

DO TRUNG

Source: https://www.sggp.org.vn/de-xuat-thi-diem-vien-kiem-sat-khoi-kien-dan-su-de-bao-ve-loi-ich-cong-post795925.html