Arranging the judiciary in line with the “revolution”

The amendment and supplementation of a number of articles of the Law on Organization of People's Courts and People's Procuracies was discussed in the context that the National Assembly is also amending and supplementing a number of articles of the 2013 Constitution, serving the major policy, the "revolution" in the arrangement of administrative units and the organization of the political system in our country. When forming a 2-level local government, the police, People's Procuracies, and People's Courts at the district level officially ended their historical mission. This is a process of reforming the State apparatus in the direction of streamlining, effectiveness, and efficiency; reducing intermediate levels, reducing maintenance and operating costs, receiving a very high consensus from all classes of people.

“Therefore, the amendment of the Law on the Organization of People's Courts and People's Procuracies - which currently operate a system of 4 levels corresponding to each other - is becoming increasingly urgent, in order to conform to the new model of the State, avoid legal conflicts, and ensure organizational effectiveness in practice. Legally, the establishment of regional People's Courts will be larger and more professional; the establishment of regional People's Procuracies will be in charge of many commune-level administrative units, with the function of exercising the right to prosecute and supervise judicial activities as an inter-regional agency. This is a change in the organizational structure of the judicial apparatus, if implemented carefully and synchronously, it will be a big step forward in judicial reform and the State apparatus. However, the public security sector has not yet formed regional police, only commune and ward police. So how to resolve the coordination between these judicial agencies in the litigation relationship? I suggest that the drafting committee pay attention so that the amendment and supplementation of related laws are truly synchronous in management and judicial activities. and enforce the law" - Deputy Head of the National Assembly Delegation of An Giang province Trinh Lam Sinh expressed his opinion.

Strengthening coordination between judicial agencies

Delegate Trinh Lam Sinh also analyzed that in practice, the establishment of regional People's Courts and People's Procuracies will help reduce staffing, save costs for maintaining the apparatus, increase professionalism, improve the quality of operations, and enhance independence when no longer dependent on or pressured to intervene by local authorities at the district level. However, this process can lead to some inconveniences, such as: People will spend a lot of money and effort to access the law, especially in remote areas when they have to travel further to contact, complain, denounce, monitor the litigation process or attend court sessions; it is difficult to maintain the litigation coordination relationship between the police - People's Procuracy - People's Court, which can cause confusion in transferring files, reducing the effectiveness of case handling.

From the above issues, the delegates proposed that the Drafting Committee review the amended and supplemented laws this time and the procedural codes, in order to synchronize the legal system, ensure compatibility, consistency, and feasibility in practice; stipulate the establishment of judicial support centers at the commune level (points for receiving petitions, providing legal advice, organizing mobile courts), ensuring that people's right to access justice is not limited. In addition, stipulate the strong digitalization of the judicial system, increase the reception of online applications, online case processing and remote file lookup, and remote detention supervision to suit the new operating model. Develop an independent monitoring and evaluation mechanism after implementation, in order to promptly adjust if problems arise in practice, ensuring the legitimate rights of the people.

Regarding the amendment and supplementation of the Penal Code, Colonel Chau Chac (Deputy Political Commissar of the Provincial Military Command, National Assembly delegate) said that it is very necessary and suitable to practical requirements. From there, continue to institutionalize the Party's viewpoints, guidelines and policies on crime prevention and control, promote judicial reform in the context of building and perfecting the socialist rule of law state in the new period. The Code has many innovations and creativity, demonstrating the determination to fight against crime.

"Through studying the draft law, I propose to add more content on the jurisdiction of military courts; add regulations on a number of subjects who must bear criminal responsibility for crimes that violate the duties and responsibilities of military personnel (defense civil servants, reserve soldiers during the time of concentrated combat readiness inspection, citizens contracted to serve in the army), ensuring compliance with Article 272 of the 2015 Criminal Procedure Code..." - delegate Chau Chac discussed.

According to President of the Socialist Republic of Vietnam Luong Cuong, the goal of our country is to build a socialist rule-of-law state by the people, for the people, and of the people. Therefore, the Law amending and supplementing a number of articles of the Law on Organization of People's Courts; the Law amending and supplementing a number of articles of the Law on Organization of People's Procuracy must comply with the Constitution and protect human rights and citizens' rights. At the same time, it is necessary to ensure uniformity in the legal system and judicial agencies. The quantity, quality, authority, tasks, powers, etc. of cadres and civil servants of these agencies must be ensured. In particular, the relationship between the investigation agency, People's Procuracy, and People's Court when the district level is removed and only the commune level remains needs to be carefully studied.

GIA KHANH

Source: https://baoangiang.com.vn/sap-xep-nganh-tu-phap-dong-bo-voi-cuoc-cach-mang--a421653.html