Fundamentally resolve legal problems and inadequacies in judicial appraisal

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. Photo: Lam Hien

Clearly stipulate cases of dismissal of judicial experts

Presenting the draft Law on Judicial Expertise (amended), Minister of Justice Nguyen Hai Ninh stated that the Party and State are promoting administrative and judicial reforms; innovating and improving the quality of judicial activities and judicial support activities, including the field of judicial expertise.

Recently, a number of newly issued or amended legal documents have had a direct impact on judicial appraisal activities.

Therefore, to improve the quality of organization and operation of judicial appraisal, ensure compliance with the Party's guidelines and policies, and consistency in the legal system, it is necessary to amend and supplement the Law on Judicial Appraisal.

The draft Law consists of 7 chapters and 45 articles. Of which, the draft Law retains 4 articles; amends and supplements 32 articles; adds 9 articles; removes 11 articles and 1 clause (clause 4, Article 22) of the 2012 Law on Judicial Expertise (amended and supplemented in 2020).

The draft Law inherits the scope of regulation of the current Law on Judicial Expertise, making technical adjustments to ensure clarity and specificity. Accordingly, the draft Law stipulates judicial expert; judicial expert organization; judicial expert procedures; judicial expert costs; regimes and policies in judicial expert activities; state management of judicial expert; responsibilities of agencies conducting proceedings in judicial expert activities.

Vice Chairwoman of the National Assembly Nguyen Thi Thanh speaks. Photo: Lam Hien

Amend and supplement regulations on standards for judicial experts to undergo legal knowledge and judicial expertise training courses; clearly stipulate cases of dismissal of judicial experts, conditions and procedures for recognizing judicial experts on a case-by-case basis, and organizing judicial expertise on a case-by-case basis to ensure that the team of judicial experts and judicial expertise organizations have capacity and professional experience in performing judicial expertise...

Responding to the requirements of investigation, prosecution and trial of economic and corruption cases

The report on the review of the draft Law was presented by Chairman of the Committee on Law and Justice Hoang Thanh Tung. Accordingly, the Committee approved the amendment of the Law on Judicial Expertise; at the same time, requested the Government to direct continued review to ensure the implementation of the requirements on innovation of thinking in law-making work, implementation of the Party's policy on rearranging and streamlining the apparatus of the political system; ensuring that this amendment must achieve the goal of fundamentally resolving difficulties and inadequacies in judicial expertise activities, effectively serving litigation activities, meeting the requirements of investigation, prosecution and trial of economic and corruption cases.

The majority of opinions of the National Assembly Standing Committee believe that the draft Law has many innovative contents, institutionalizing new policies and guidelines of the Party to overcome current difficulties and shortcomings in practice, associated with promoting decentralization, clearly delegating people, work, and responsibilities, promoting the responsibility of organizations and individuals in the field related to judicial appraisal associated with simplifying administrative procedures.

Chairman of the Law and Justice Committee Hoang Thanh Tung presents the Report on the review of the draft Law. Photo: Lam Hien

However, Vice Chairwoman of the National Assembly Nguyen Thi Thanh pointed out that in recent times, the Central Steering Committee on preventing and combating corruption, waste and negativity, and the Central Inspection Committee have issued many directives and requirements for the field of judicial expertise, related to the resolution of difficulties, especially in a number of cases and incidents that have been delayed due to difficulties in the implementation of judicial expertise and have been slowly resolved. Therefore, the Vice Chairwoman of the National Assembly suggested that it is necessary to continue reviewing and researching to ensure that the implementation of this law amendment meets practical requirements.

Minister of Justice Nguyen Hai Ninh presents the Draft Law on Judicial Expertise (amended). Photo: Lam Hien

In his concluding remarks, Vice Chairman of the National Assembly Nguyen Khac Dinh stated that the National Assembly Standing Committee highly appreciated the drafting agency and the reviewing agency for their close coordination, preparing complete and correct documents, and at the same time, basically agreeing with the scope of amendments to the draft Law.

The National Assembly Standing Committee proposed that the Government continue to direct the review to ensure the requirement of innovative thinking in law-making work, implementing the Party's policy on streamlining the organization and apparatus of the political system, ensuring that this amendment must achieve the goal of fundamentally resolving legal difficulties and inadequacies in judicial appraisal activities, to effectively serve litigation activities, and meet the requirements of investigation, prosecution, and trial of economic and corruption cases.

The Vice Chairman of the National Assembly proposed that the Government complete the draft Law dossier to send to National Assembly deputies; and assign the Standing Committee of the Law and Justice Committee to complete the official review report to submit to the National Assembly for consideration and decision.

Source: https://daibieunhandan.vn/giai-quyet-can-ban-nhung-vuong-mac-bat-cap-ve-phap-luat-trong-giam-dinh-tu-phap-10388352.html