Preliminary examination of the draft Resolution on piloting the People's Procuracy initiating civil lawsuits

Vice Chairman of the Committee on Law and Justice Do Duc Hong Ha chaired the meeting.

Vice Chairman of the Committee on Law and Justice Do Duc Hong Ha speaks

Attending the meeting were: Vice Chairwoman of the Committee for Law and Justice Mai Thi Phuong Hoa; Deputy Chief Justice of the Supreme People's Procuracy Nguyen Duc Thai; members who are full-time National Assembly deputies working at the Committee for Law and Justice; standing representatives of a number of National Assembly Committees; representatives of relevant agencies, ministries and branches.

According to the Report, the issuance of the Resolution aims to pilot the People's Procuracy initiating civil public interest lawsuits to protect the interests of the State, the rights and legitimate interests of vulnerable groups; and to remove difficulties and obstacles in current practice. At the same time, to assess the effectiveness of the mechanism for the People's Procuracy to initiate lawsuits to protect the civil rights of vulnerable groups or to protect public interests in cases where there is no one to initiate a lawsuit. On that basis, after the end of the pilot, a summary will be conducted and appropriate proposals and recommendations will be made.

Deputy Chairman of the Committee on Law and Justice Nguyen Manh Cuong speaks

The Supreme People's Procuracy proposed a draft Resolution consisting of 4 chapters and 19 articles. The subjects of application of the draft Resolution are the People's Procuracy, the litigants under the People's Procuracy performing the tasks and powers to initiate civil public interest lawsuits; the People's Court, the litigants under the People's Court with the authority to adjudicate civil public interest lawsuits according to the provisions of this Resolution; participants in civil public interest lawsuits; other relevant agencies, organizations and individuals.

Vice Chairwoman of the Committee on Law and Justice Mai Thi Phuong Hoa speaks

At the meeting, the Standing Committee of the Law and Justice Committee highly appreciated the Supreme People's Procuracy for developing a quality Resolution project in a short time, with content that closely followed the policies and guidelines of the Party and State.

The basic opinions agree on the necessity of issuing the Resolution because up to now, the actions of agencies and organizations to initiate lawsuits to promptly protect the interests of the State, public interests, and the legitimate rights and interests of vulnerable groups according to regulations are still very limited due to many reasons, not meeting the requirements of the Party and the demands of reality. That reality requires an agency representing the State to initiate civil lawsuits to promptly protect the rights of individuals, public interests, and the interests of the State.

Deputy Chief Justice of the Supreme People's Procuracy Nguyen Duc Thai speaks

Therefore, it is necessary to develop and promulgate a Resolution to allow the Procuracy to exercise the right to initiate civil lawsuits in cases where agencies and organizations do not initiate lawsuits, in order to create a legal basis to meet practical requirements to promptly protect the legitimate rights and interests of vulnerable groups, and protect public interests and the interests of the State.

The Standing Committee of the Law and Justice Committee found that the draft Resolution dossier was prepared seriously and meticulously by the drafting agency, closely following the Party's guidelines and policies, fully institutionalizing the guiding viewpoints in Conclusion No. 120-KL/TW of the Politburo; the basic dossier had sufficient documents according to regulations.

In addition, the Standing Committee of the Law and Justice Committee requested the drafting agency to continue research in the direction of regulations that refer to the provisions of the Civil Procedure Code on agencies, persons conducting proceedings, persons participating in proceedings, persons with related rights and obligations... to ensure completeness, strictness, consistency and convenience in applying and resolving public interest civil cases.

In his concluding remarks, Vice Chairman of the Committee on Law and Justice Do Duc Hong Ha stated that after a very responsible, urgent and objective working session, the delegates contributed very accurate opinions and directly commented on many key contents of the draft Resolution.

Deputy Chairman Do Duc Hong Ha suggested that the Supreme People's Procuracy continue to closely coordinate with the Standing Committee of the Law and Justice Committee, fully study the opinions at the meeting, ensure that the draft Resolution dossier when submitted to the Standing Committee of the National Assembly is accompanied by a report explaining the opinions of the Standing Committee of the Law and Justice Committee and the agencies of the National Assembly; complete the draft Resolution with the highest quality.

Minh Trang

Source: https://daibieunhandan.vn/tham-tra-so-bo-du-thao-nghi-quyet-thi-diem-vien-kiem-sat-nhan-dan-khoi-kien-vu-an-dan-su-post409921.html