|Deputy Tran Du Lich. — VNA/VNS Photo Pham Kien
HA NOI (VNS) — National Assembly deputies discussed amendments to the Civil Procedure Code at a meeting yesterday in the capital.
Participants at the meeting had contrasting opinions on the role of the People's Procuracy and prosecutor involved in civil cases.
Expressing agreement with the draft amendments to the law, Deputy Chief Judge of the Supreme People's Court Tong Anh Hao said based on the Vietnamese Constitution, the People's Procuracy had the right to prosecute and supervise judicial work.
However, the role of the agency varied in criminal and civil cases, Hao said.
In criminal cases, the People's Procuracy played the role of the prosecutor, but in civil cases, the agency only supervised the trials, he said.
Deputy Ho Trong Nghia, Deputy Chairman of the NA National Defence and Security Committee, said in civil cases, if the persons concerned agreed with court's judgment, the involvement of the People's Procuracy was not necessary.
Deputy Tran Du Lich agreed with the opinion.
Deputy Le Huu The, Deputy Head of the Supreme People's Procuracy, said that the agency should work with the court during the trial process to reduce mistakes during the judgment process.
For Clause 2, Article 4, many deputies agreed that the court should not refuse requests to resolve civil cases because there are no applicable laws. Some deputies said that the court must handle cases on the basis of the provisions of the Constitution, current laws and case laws from previous proceedings.
Deputy Nguyen Kim Thuy from Da Nang said this was the best way of judging disputes in civil cases.
In terms of applying traditional custom and case law in civil cases, deputies had different opinions.
Some deputies said that case laws should not be used in these instances. According to Deputy Pham Xuan Thuong, the country did not have a sufficient source of case laws to apply.
Agreeing with the point, Deputy Y Thong from Phu Yen Province said there were dozens of ethnic groups nationwide with different customs, so which ones should apply?
Meanwhile, Deputy Tran Du Lich said the application of traditional customs and case laws was a progressive point in the draft revised Civil Procedure Code.
"Laws originate from case laws and traditional customs. If we ignore them, it means we are shutting off a channel for legal development," said Lich.
Crimes by minors
In the afternoon session, deputies continued to discuss the country's draft Criminal Code.
Deputies pointed out that by limiting minors' criminal responsibility to only 16 criminal charges, the draft law would not provide proper coverage on crimes committed by minors. They also demanded better descriptions for criminal charges that minors would be held responsible for.
Deputy Tran Ngoc Vinh from Hai Phong said there had been an increase in both the number and severity of crimes in recent years. Vinh noted that the law needed to act as a deterrent to help prevent and reduce the number of crimes committed by minors.
The NA's Judicial Committee also said minors had a distinct advantage in employing advanced information and computer technology to commit crimes, so the draft law should cover the area of cyber crime.
Deputies also discussed the gradual abolition of capital punishment in Viet Nam. Opinions were divided on the matter, with some in support of the removal of capital punishment for seven criminal charges, while others voiced concerns that it may negatively affect the impact of the law. — VNS