This afternoon, April 26, continuing the 44th session, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly Standing Committee gave opinions on the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts.
End of operations of the High People's Court and District People's Court
According to the Submission on the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts presented by Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien, the draft Law amends and supplements regulations on the organization of the Court system in the direction of not organizing High-level People's Courts and District-level People's Courts; establishing Regional People's Courts; converting specialized First-Instance People's Courts into specialized Courts within Regional People's Courts.
Accordingly, the organizational model of the Court system includes: Supreme People's Court; People's Courts of provinces and centrally-run cities; Regional People's Courts (amended Article 4 of the Law on Organization of People's Courts in 2024).
The report on the review of the draft Law was presented by Chairman of the Law and Justice Committee Hoang Thanh Tung and stated that the Committee agreed with the proposal of the Supreme People's Court to develop and promulgate this Law under the simplified procedure. The draft Law dossier is complete and meets the conditions to be submitted to the National Assembly Standing Committee for consideration and comments.
The Draft Law is consistent with the Party's policies and guidelines; ensures constitutionality and consistency with the legal system. The scope of amendments and supplements focuses on regulations related to the organization, apparatus, tasks and powers of the People's Court. However, regarding the amendment of some other contents outside the above scope, the drafting agency is requested to clarify this content.
The Committee on Law and Justice approved the draft Law stipulating the organization system of the People's Courts including the Supreme People's Court, Provincial People's Courts, and Regional People's Courts. The Military Courts are maintained according to the current Law. The activities of the High People's Court and District People's Courts are terminated.
In order for the People's Courts at three levels to operate normally and without interruption after the organizational restructuring, the draft Law redefines the tasks and adjudication powers of each level of Court.
Specifically, the Supreme People's Court is assigned the task of appellate judgments of first instance criminal judgments of provincial-level courts that have not yet taken legal effect and are appealed or protested; and review and re-trial judgments and decisions of provincial-level courts that have taken legal effect and are protested (these two tasks are taken over from the High People's Court).
The provincial People's Court is assigned the task of appellate judgments and decisions of the regional People's Court that have not yet come into legal effect and are appealed or protested; and review and re-trial judgments and decisions of the regional People's Court that have come into legal effect and are protested (this task is taken over from the High People's Court).
The regional People's Court tries criminal cases at first instance according to the provisions of law; tries all civil and administrative cases at first instance and resolves other matters under the jurisdiction of the Court (increased jurisdiction compared to the current district-level People's Court).
The Committee on Law and Justice found that the provisions of the draft Law properly implement the policy of strengthening decentralization and delegation of power; are consistent with the organization, existing resources and ability to complete assigned tasks of the People's Courts, and therefore agree with the draft Law.
Increase the number of members of the Supreme People's Court Council of Judges
Permanent Deputy Chairwoman of the People's Aspirations Committee and Judge Le Thi Nga agreed with the three-level court organization model and the proposal of the drafting agency to increase the number of members of the Supreme People's Court's Judicial Council to no less than 23 and no more than 27 (currently from 13 to 17).
The Standing Deputy Chairman of the People's Aspirations and Supervision Committee also agreed with the composition of the National Council for Selection and Supervision of Judges as in the draft Law, which is to supplement the composition of the Council including 1 head of a unit under the Supreme People's Court who is a Judge of the People's Court, 1 Chief Justice of the Supreme People's Court of Appeal, 1 Chief Justice of the People's Court of a centrally-run city appointed by the Chief Justice of the Supreme People's Court to replace 3 Chief Justices of the High People's Court at Point d, Clause 1, Article 40 of the current Law.
Concluding the discussion, Vice Chairman of the National Assembly Nguyen Khac Dinh stated that the National Assembly Standing Committee agreed that the draft Law documents are eligible to be submitted to the National Assembly for consideration and approval at the Ninth Session according to the simplified procedure.
Noting that at the upcoming Ninth Session, the National Assembly will consider many laws on the organization of judicial agencies, laws on judicial proceedings and many other related laws, the Vice Chairman of the National Assembly requested the Supreme People's Court and the Committee on Law and Justice to closely coordinate with relevant agencies in the process of receiving opinions of National Assembly deputies to complete the draft law, ensuring the consistency of the legal system.
The Vice Chairman of the National Assembly said that the National Assembly Standing Committee also basically agreed with increasing the number of members of the Supreme People's Court's Judicial Council to no less than 23 people and no more than 27 people.
Source: https://daibieunhandan.vn/to-chuc-toa-an-nhan-dan-theo-mo-hinh-3-cap-post411552.html
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