Increase the authority of regional people's courts

Chief Justice of the Supreme People's Court Le Minh Tri presented the draft Law amending and supplementing a number of articles of the Civil Procedure Code, the Administrative Procedure Law, the Juvenile Justice Law, the Bankruptcy Law and the Law on Mediation and Dialogue in Court. Photo: QUANG PHUC

In particular, on the basis of the 3-level people's court organization model, the draft law amends and supplements regulations on the jurisdiction of regional people's courts, provincial people's courts, and the Supreme People's Court.

Regarding the authority of the regional People's Court, the draft increases the authority of the regional People's Court in the direction that the regional People's Court has the authority to resolve all civil and administrative cases at first instance; resolve bankruptcy; organize and implement mediation and dialogue activities according to the provisions of the Law on Mediation and Dialogue at Court.

Regarding the jurisdiction of the provincial People's Court, the provincial People's Court has the authority to appeal civil cases and administrative cases in which the judgments and decisions of the regional People's Court have not yet taken legal effect and are appealed or protested.

Along with that, the draft supplements the authority to appeal under the supervisory and retrial procedures of the Chief Justice of the Provincial People's Court and the Chief Prosecutor of the Provincial People's Procuracy; supplements the authority to appeal under the supervisory and retrial procedures of the provincial People's Court's judges' committee regarding legally effective judgments and decisions of the regional People's Court that are appealed under the supervisory and retrial procedures.

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung presents the inspection report. Photo: QUANG PHUC

Provincial People's Courts no longer have jurisdiction to resolve administrative cases and civil cases at first instance; resolve bankruptcy; organize mediation and dialogue activities.

According to the draft, the Supreme People's Court's Council of Judges shall review and re-examine legally effective judgments and decisions of provincial-level People's Courts that are subject to appeal.

The review report presented by Chairman of the Law and Justice Committee Hoang Thanh Tung stated that the committee agreed with the necessity of amending and supplementing a number of articles of the five laws; the scope of amendments and supplements focuses on regulations on the authority of People's Courts at all levels in resolving civil cases, administrative cases, and bankruptcy settlement; organizing the implementation of mediation and dialogue according to the provisions of the Law on Mediation and Dialogue at Court; amending and supplementing a number of provisions of the Law on Juvenile Justice to unify the names of the courts and the authority of relevant agencies after restructuring the apparatus.

Morning meeting on May 12. Photo: QUANG PHUC

The Committee basically agreed to regulate the jurisdiction of the People's Courts and the Supreme People's Court's Judicial Council in adjudicating and resolving cases, and in adjudicating cases and cases of final appeal and retrial. Specifically, the Regional People's Court shall have the jurisdiction of first instance over all civil cases, administrative cases, and bankruptcy cases. This regulation is an adjustment to increase the jurisdiction of the Regional People's Court compared to the current District People's Court.

At the same time, the draft law specifically stipulates the jurisdiction of the economic court of the regional People's Court; the intellectual property court, and the bankruptcy court at a number of regional People's Courts so that these specialized courts have a basis for implementation.

LAM NGUYEN

Source: https://www.sggp.org.vn/tang-tham-quyen-cua-toa-an-nhan-dan-khu-vuc-post794844.html