On May 29, the National Assembly discussed the draft Resolution of the National Assembly on piloting the People's Procuracy (VKSND) to file a civil lawsuit to protect the civil rights of vulnerable groups or protect public interests.
Delegate Le Thanh Hoan (Thanh Hoa Delegation) suggested continuing to clarify the subjects that could be sued to report to the National Assembly before consideration and approval.
According to the delegate, the concept of public interest, although seemingly simple, is inherently complex and multidimensional. In general, it can be divided into 2 types:
First, national interests include political, economic, cultural and social priorities that are necessary for the stability and long-term development of a country. Any harm to these priorities constitutes a violation of the public interest.
Second, social public benefits refer to the common benefits that society shares, including maintaining social order, protecting the right to life, civil rights and promoting fairness and justice.
Explaining some issues of concern to delegates, Mr. Nguyen Huy Tien - Chief Prosecutor of the Supreme People's Procuracy - said that regarding the scope of the lawsuit, some delegates wondered whether the subjects of the lawsuit were the administrative management agency or the government.
According to Mr. Tien, the study process of this Resolution project is based on two projects and the study report of the Politburo.
One is the project on civil lawsuits to protect public interests and the disadvantaged, the other is called public civil litigation.
The second project is to file an administrative lawsuit to protect public interests, without vulnerable people.
This content has been approved by the Politburo in Resolution 120, agreeing with the first draft. The administrative lawsuit project is currently being studied and reported in the coming time.
These two issues are in different litigation areas, so the subjects of the lawsuit in this resolution are not public authorities, temporarily called civil proceedings.
Considering that the concerns of the delegates are very correct, the Director said that this lawsuit is not the competent authority but only the organizations causing damage or the subjects but not by the competent authority.
Regarding the subjects of the lawsuit, the delegates highly agreed with the 4 public sectors and vulnerable groups. The Director said that this is a very big and very wide problem, but because of the pilot, only a few areas were selected for the pilot.
Regarding the status of the People's Procuracy's lawsuit, the Director of the Institute said that the People's Procuracy's lawsuit is different from civil lawsuit. This is to protect the exercise of public rights, manage State order and ensure social order but not to the extent of criminalism.
"The VKSND's regulation to file a lawsuit is for public interests, for the common good, there is no such thing as paying court fees and no such thing as negotiation," said the Chief Prosecutor of the Supreme People's Procuracy Nguyen Huy Tien.
This is a common trend to build litigation, ensuring the protection of legal order as well as protecting the common interests related to many people or vulnerable people who do not have the conditions to be protected.
He said he controls but does not affect the independence of the court's trial, because the court is also the one who decides.
