The Standing Committee of the Law and Justice Committee held a preliminary review of the draft Resolution of the National Assembly on piloting the People's Procuracy to file civil lawsuits to protect the civil rights of vulnerable groups or protect public interests.
Deputy Director of the Supreme People's Procuracy Nguyen Duc Thai said that the issuance of the Resolution is to pilot the People's Procuracy's filing of civil and public interest lawsuits to protect the interests of the State, the legitimate rights and interests of vulnerable groups; remove difficulties and obstacles in current practice.
At the same time, assess the effectiveness of the mechanism of the People's Procuracy to file lawsuits to protect the civil rights of vulnerable groups or protect public interests in cases where there are no plaintiffs. On that basis, after the end of the pilot, a summary will be conducted, and appropriate proposals and recommendations will be made.
The Supreme People's Procuracy proposed that the National Assembly allow the development of a pilot resolution for the People's Procuracy to initiate a public interest civil lawsuit in a shortened order and procedure to meet practical requirements.
Some opinions say that, up to now, the ability of agencies and organizations to file lawsuits to promptly protect the interests of the State, public interests, and the legitimate rights and interests of vulnerable groups according to regulations is still very limited due to many reasons, not meeting the requirements and demands of practice.
That reality requires an agency to represent the State in filing a civil lawsuit to promptly protect the rights of individuals, public interests, and interests of the State.
Therefore, the development and promulgation of a Resolution assigning the Procuracy to be able to exercise the right to file a civil lawsuit in cases where agencies and organizations do not file a lawsuit is necessary, in order to create a legal basis to meet the practical requirements of promptly protecting the legitimate and legal rights and interests of vulnerable groups of subjects, protecting public interests and interests of the State.
The Standing of the National Assembly's Legal and Judicial Committee suggested that the drafting agency continue to study in the direction of the regulations that reflect on the provisions of the Civil Procedure Code on agencies, people conducting procedure, participants of proceedings, people with relevant benefits and obligations ... to ensure adequate, strict, uniform and convenient in the application and settlement of public civil cases.
