On the morning of May 14, the National Assembly discussed in the hall the draft Resolution of the National Assembly amending and supplementing a number of articles of the 2013 Constitution (first time); the draft Law on Organization of Local Government (amended).
Delegate Nguyen Thi Kim Thuy (Da Nang Delegation) is interested in narrowing the questioning rights of People's Council delegates stipulated in the 2013 Constitution amendment.
Delegates said that, according to the Explanation of the Drafting Board, there are two reasons to abolish the debate rights of the People's Council to the Chief Justice of the People's Court, the Director of the Procuracy.
Firstly, the Party's policy will end the district administrative unit. Therefore, it will not organize the People's Court (TAND), the People's Procuracy (People's Procuracy) but replaced by the People's Court, the Regional People's Procuracy, not associated with specific administrative units, so there is no horizontal People's Council to implement the question.
Secondly, although the Constitution does not specify the questioning authority, the People's Council still exercises the right to supervise the compliance with the constitution and laws in the locality, including supervision of the activities of the People's Court, the People's Procuracy and other state agencies.
Delegates disagree with both reasons because in the upcoming structure innovation, besides the People's Court, the People's Procuracy of the region, there are still the People's Court, the provincial People's Procuracy, so it is difficult to convince delegates of the provincial People's Council and their voters because why no longer ask the head of these two agencies.
As for the People's Court and the People's Procuracy of the region, although not associated with specific administrative units, those agencies still prosecute, prosecute, and try citizens of specific administrative units represented by People's Council delegates.
"The People's Court and the People's Procuracy of the region will not be the only judicial agencies of our country outside the supervision by the People's Council in the form of questioning.
If so, people who are wrongly accused will ask someone to question them to protect their rights. If so, before approving the People's Court model, the People's Procuracy of the region recommends that the National Assembly carefully consider the mechanism for state power supervision for these agencies," the delegate suggested.
The delegate also said that the second reason also contradicted the first reason because the People's Court, the People's Procuracy of the region, if it did not associate with the specific administrative unit, there would be no level of People's Council to exercise the right to question, the authority to supervise the Constitution and the law of the People's Council for those judicial agencies?
Without the right to question, People's Council delegates will find it difficult to request the Chief Justice of the People's Court and the People's Procuracy to answer each specific and public issue.
Since then, the delegate asked the National Assembly to consider keeping the provisions of the questioning authority of the People's Council delegates to the Chief Justice of the People's Court, the Director of the provincial and regional People's Procuracy in the Constitution, or at least open a constitutional principle on this issue.
In the same opinion, delegate Pham Trong Nghia (Lang Son delegation) emphasized that the questioning of the People's Council deputies did not interfere in the contents of the trial or prosecution of the specific case, but focused on the management responsibility, the organization and compliance with the laws of the Chief Justice and the Director.
Maintaining the right to questioning is necessary to ensure publicity, transparency and accountability in judicial activities.
