Ensure respect for the parties' right to decide

National Assembly delegate, Chief Justice of Ha Tinh Provincial People's Court Phan Thi Nguyet Thu participated in the debate on regulations related to the application of law in trials.

On the afternoon of November 22, continuing the 6th Session, the National Assembly discussed in the hall the draft Law on Organization of People's Courts (amended).

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the discussion.

National Assembly delegate, Chief Justice of the People's Court of Ha Tinh province Phan Thi Nguyet Thu participated in the debate on regulations related to the interpretation and application of law in trials; collecting documents and evidence for the Court; and the organization of the People's Court of First Instance and the People's Court of Appeal.

Debating on regulations related to the interpretation of law application in trials, delegate Phan Thi Nguyet Thu said that the draft Law on Organization of People's Courts (amended) has stipulated that the court shall clarify in the judgment the content to be applied in specific circumstances and situations.

Ensure respect for the parties' right to decide

National Assembly Delegate Phan Thi Nguyet Thu debates.

The delegate said that if there is a dispute that is not regulated by law, the court cannot refuse but must explain when people request the court to resolve it.

Therefore, the court's authority to interpret and apply the law is completely different from the National Assembly Standing Committee's authority to interpret laws and ordinances. The court only explains legal situations brought to trial. The court is responsible for explaining to the person conducting and participating in the proceedings why which law or article is applied.

Ensure respect for the parties' right to decide

Overview of the discussion session.

Regarding the collection of evidence, according to the delegate, providing evidence to the court to resolve a civil case is not only the obligation of the litigant but also the right of the litigant, as stipulated in Article 5 of the Civil Procedure Code, this is the principle of "respecting the discretion of the litigant". The litigant has the right to decide whether or not to provide evidence to the court. The court only has the duty to collect, review, check the legality, and appraise to determine the authenticity of the evidence provided by the litigant.

In addition, the delegate affirmed that the first instance people's court and the appeal people's court such as the district people's court and the provincial people's court are completely appropriate; ensuring the principle of first instance and appeal trials, in accordance with international practice. When adjudicating, the court acts in the name of the Socialist Republic of Vietnam, not as a separate court of any province or district. The innovation of the first instance and appeal courts does not conflict or contradict with relevant regulations.

The amendment of the Law on Organization of People's Courts aims to continue to perfect the organizational apparatus, improve the quality, effectiveness, efficiency of operations and prestige of People's Courts; build a professional, modern, fair, strict, honest court system that serves the Fatherland and the people; fulfill the responsibility of protecting justice, protecting human rights, civil rights, protecting the socialist regime, protecting the interests of the State, protecting the legitimate rights and interests of organizations and individuals.

The draft law consists of 154 articles arranged into 09 chapters; of which, 54 new articles are added, 93 articles are amended, and 7 articles remain unchanged.

Compared with the 2014 Law on Organization of People's Courts, the draft law reduces 2 chapters and increases 57 articles.

The draft law inherits the provisions of the 2014 Law on Organization of People's Courts that are still suitable, at the same time, amends and supplements many provisions to overcome practical difficulties and shortcomings, meeting the requirements of judicial reform in the new period, focusing on major contents such as: Regulations on the content of judicial power regarding the tasks and powers of the court; on perfecting the organization of the court apparatus; on innovating and improving the quality of human resources of the court; Establishing the National Judicial Council on the basis of supplementing the functions, tasks and composition of the National Council for Selection and Supervision of Judges to ensure judicial independence; innovating the institution of people's participation in trials...

Quang Duc - Thuy An

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