Resolution 03/2015/hdtp: About The Selection Process, And Apply To Project Ratio

Original Language Title: Nghị quyết 03/2015/NQ-HĐTP: Về quy trình lựa chọn, công bố và áp dụng án lệ

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THE SUPREME COURT OF THE PEOPLE ' S COURT OF JUSTICES
Numbers: 03 /2015/NQ-HTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 28 October 2015

THE RESOLUTION.

On the selection process, publish and apply the l Don't

_________________

THE SUPREME COURT OF THE PEOPLE ' S COURT OF JUSTICES

-Based on the Law of the People's Court. 62 /2014/QH13;

-Base to the Code of Statute Statute. 17 /2008/QH12;

-After the unification of the Supreme People's Institute and the Minister of Justice.

DECISION:

What? 1. The case and legal value of the case

The case is the arguments, the ruling in the verdict, the decision to have the Court 's legal effect on a specific case selected by the Supreme Court of the People' s Court and appointed by the Chief Justice of the Supreme Court of the People ' s Court as the case for the Courts of Study. Help, apply in trial.

What? 2. The selection criterion

The selected case must meet the following criteria:

1. Contains the argument to clarify the rule of law that has different ways of understanding; analysis, interpretation of problems, legal events and pointing out principles, the process of handling, the rule of law that needs to apply in a particular incident;

2. There is standard calculation;

3. There is a value of instruction that applies the law in the trial, ensuring that the cases have a situation, the same legal event must be addressed the same.

What? 3. Runder, detection of the verdict, decision to propose development to death penalty

1. The sweep, the discovery of the sentence, the decision to propose development to the case is done as follows:

a) Chief Justice of the Provincial People's Court, the central city of the District, the Chief Justice of the Military Tribunal and the equivalent of a total trial of the practice to propose a matter of instruction; the base to the guidelines directed at Article 2 of this resolution is held. The trial, which uncovered the sentences, decided to take effect on the law of the Court, the Courts of the Jurisdiction Over The Territory, and recommended the Committee of the Courts of the People's Court, the Central Committee of the Central Committee, the Military Tribunal of the Military Tribunal. the area and the equivalent of consideration, judging.

In the case of the verdict, the decision was made, judging by the intention to meet the guidelines directed at Article 2 of this resolution, the Chief Justice of the Provincial Court, the central city, the Chief Justice of the Military Tribunal, and the equivalent of the report. charge of the Supreme People's Tribunal (through the Law of Law and Scientific Management), which evaluated the practice of trial and law relating to the proposal for a valid choice; specify the sentence, the decision to contain the content proposed option to develop a case; the proposed content selection; the assessment of the Committee of the Magistrate of the Provincial Court, the city's central city, the Constitutional Court. the military and the equivalent (accompanied by the verdict, the proposed decision);

b) Chief Justice of the Supreme People ' s Court, the Chief Justice of the Central Military Tribunal organizes the total trial practice to propose problems that need guidance; the base to the guidelines directed at Article 2 of this resolution organizes the sweep, the discovery of the sentences, the decision. to have the legal effect of his Court and offer the Committee of the High-Level People's Court, the Central Military Court Justice Committee to review, evaluate.

In the case of the verdict, the decision made a review, the assessment of which was to meet the guidelines directed at Article 2 of this resolution, the Chief Justice of the Supreme Court, the Chief Justice of the Central Military Tribunal, to report on the Supreme People's Court (through). The Legal Administration and Management of Science), which evaluated the practice of trial and law related to the proposal for a valid choice; specify the sentence, which decides whether to contain the proposed content of developing into a case; the subject proposes choice as a case; the opinion. the assessment of the Committee of the High-ranking People ' s Court, the Central Military Tribunal Judge (accompanied by the sentence, the decision to be proposed);

c) The head of the Director of the Supreme Court examining the Supreme People 's Court on the guidelines directed at Article 2 of this resolution held a sweep, which uncovered the jury' s decision to be director of the Supreme Court of the People ' s Court and the sentences, the decision. has the legal effect of the other Courts, sent a report on the Law and Management of the Supreme Court of the Supreme People, which evaluated the practice of trial and law relating to the proposal for the selection of the case; stating the verdict, the decision to contain the subject matter. The choice of development is a case; the content proposes option as a case (accompanied by the sentence, the proposed decision);

d) Individuals, agencies, organizations may send proposals to choose the selection of sentences, the decision to take the law of the Court to meet the guidelines directed at Article 2 of this resolution to the Supreme People ' s Tribunal (through the Law of Law and Scientific Management) to develop a solution. I'm going to have to

2. The organization of the examination, the discovery of the verdict, decided to propose development to the case of the Courts to be conducted under a 6-month term.

What? 4. Taking the opinion on the verdict, the decision to be proposed, developed into a sentence.

1. Shortly after receiving the report accompanied by the sentences, the decision was proposed to develop a sentence in accordance with the instructions at paragraph 1 Article 3 of this resolution, the Legal and Scientific Management of the Supreme People's Court for the publication of the sentences, decision to be proposed, the subject of choice to be a case in the Journal of the People's Court, the Supreme People's Court of Electronic Information for agencies, organizations and individuals to participate in the opinion for a period of 2 months. The necessary case may hold the Assembly to take the opinions of the members of Congress, experts, scientists, practical activists, agencies, institutions, and institutions.

2. During the 01-month period from the expiration date of the expiration date at this one Article, the Supreme Court of Justice and Management of the Supreme People's Court in coordination with the functional units of the Supreme People's Court gathered together opinions; the organization of the Supreme Court. The study, which evaluated the content of the sentence, decided to be proposed as a case, the opinions of the agency, the organization, the individual and the Chief Justice of the Supreme Court of the People's Court review, decided to take the advice of the Council of Criminal Justice.

What? 5. Case Counsel

1. The criminal advisory council was established by the Chief Justice of the Supreme Court on the recommendation of the Legal Bureau and the Management of Science consists of at least 09 members. The President of the Council is Chairman of the Board of the Supreme People's Court, 01 Vice Chairman of the Council is Deputy Chairman of the Supreme People's Tribunal for the Supreme People's Court, 01 The Council Secretary is the head of the leadership of the Law and Management of the Supreme Court of the Supreme People. And the members are the representatives of the Ministry of Justice, the Supreme People's Institute, the Vietnam Lawyers ' Federation, the experts, the chief scientist on the law and the agencies, the relevant institutions.

In the case of criminal justice, the membership of the Council of Criminal Justice must have the State Department representative.

2. The criminal justice council is responsible for discussion, for opinion on the content of the sentence, the decision to be proposed as a case.

3. After the Law Advisory Council was established, the Legal Department and Management of Science sent a case to recommend a case to the members of the Board of Counsel.

The case of the proposed criminal consultation document included: The document recommended the advice of the Supreme People's Court; Report of the results of the Study, the evaluation of the contents of the verdict, the decision to be proposed as the case of the Law and Management of the Supreme Court of the People's Court. High; the general public opinion was made for the content of the sentence, the decision was made to make a choice as a case; the sentences, the proposed decision to develop into the case.

4. In the 15-day period, since the date of receiving the filing of a consultation, the Chairman of the Council Advisory Council held the session to discuss, for opinions on the content of the verdict, the decision to be proposed as a case and report the Chief Justice of the Supreme Court. The result of the consultation session (with the case of a criminal consultation).

What? 6. Through case

1. On the basis of the Report of the Criminal Consultate Council, the Chief Justice of the Supreme People's Court held a plenum of the Supreme Court of the Supreme People's Court to discuss and vote through the case.

2. The session of the Supreme Court of the Supreme Court shall have at least two-thirds of the total participation; the decision of the Supreme Court of the Court of Justice shall be more than half the sum of the members of the Council of Judges voting for approval.

3. Results of voting through the case must be inscribed on the session 's session of the Council of Judges and as the base for Chief Justice of the Supreme People' s Court to announce the case.

What? 7. Case Justice

1. After the Supreme Court of the People 's Court passed the case, the Chief Justice of the Supreme People' s Court announced the case.

2. The case to be published must include the following:

a) The name of the case resolved;

b) The number of sentences, the decision of the Court to contain the case;

c) The keyword of the legal matters addressed in the case;

d) The circumstances in the case and the judgment of the Court are related to the case;

The legal problem with the validity of the trial is resolved in the case.

3. The case was posted in the Journal of the People's Court, the Supreme Court of the People's Court of Electronic Information; sent to the Courts and placed in the Publishing Case Anthology for a 12-month period.

What? 8. The principle of applying the case in trial

1. The case is studied, applied in the trial after 45 days from the date of publication or written in the decision to publish the case of the Chief Justice of the Supreme People ' s Court.

2. When the trial, the judge, the Court must study, apply the case to resolve the same incidents, ensure that the cases have a situation, the same legal event must be addressed the same. In case of the application of the case, the number of cases, the decision of the Court to contain the case, the nature, the circumstances of the same case outlined in the case and the nature, the circumstances of the matter being resolved, the legal issue in the case must be invoked, analyzed, It is clear in the verdict, the decision of the Court; the case does not apply the case to be analyzed, argued, stating the reason in the verdict, the decision of the Court.

3. The case with the change of the Law, the Decree of the National Assembly, the OrdinNations, the Resolution of the Permanent Committee of the National Assembly, the Government ' s decree that is no longer fit, the judge, the Court does not apply the case.

4. The case due to the transformation of the situation in which the case is no longer fit, the judge, the Court does not apply the case, at the same time petit the Council of the Supreme People ' s Court (through Legal Affairs and Scientific Management) to review the cancellation. The instructions are in paragraph 2, 3, 4 and 5 Article 9 This resolution.

What? 9. Huxion, replace the case

1. The case due to the change of the Law, the Decree of the National Assembly, the OrdinNations, the Resolution of the Permanent Committee of the National Assembly, the Decree of the Government in which the case is no longer fit, the statute of course is abolished.

2. The case due to the transformation of the situation in which the case is no longer suitable but has no new rule of law, the Supreme Court Justice Council is responsible for reviewing the case.

Those with the authority to scrutinate, detect the verdict, decided to propose development as a guidate for a Article 3 of this resolution having the right to petition with the Supreme Court Justice Council (through the Law and Science Management). consider the cancellation, replace the case.

3. The case of the trial council does not apply the case and there is an analysis, the argument that states the reason in the verdict, the decision comes shortly after the sentencing must submit a constitutional alternative petition to the Supreme People ' s Court (through Legal Affairs and Scientific Management) attached. The verdict, the decision.

4. Shortly after receiving the petition to review the cancellation, replace the case in accordance with the guidelines at paragraph 2 and paragraph 3 This, the Investigation of the Legal and Scientific Management, reports the Chief Justice of the Supreme People ' s Court to hold the plenum session of the Supreme Court Justice Council. The Supreme People's murder is considering cancelation, replacing the case.

5. The Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court shall vote on the cancellation, replacing the case with the circumstances of paragraph 2 and paragraph 3 This under the principle of instruction at paragraph 2 Article 6 of this resolution.

On the basis of the voting results of the Supreme People's Court of Judges, the Chief Justice of the Supreme People's Court announced the cancellation, replacing the case, which specifies the timing of the cancellation of the case, instead.

The decision to cancel or replace the case must be posted in the Journal of the People 's Court, the Electronic Information Portal of the Supreme People' s Court and sent to the Courts.

What? 10. The effect of execution

1. This resolution was passed by the Supreme People's Court of Judges on 19 October 2015 and has been in effect since December 16, 2015.

2. In the course of the execution if there is a need for an explanation or an additional guidance, the offer reflects to the Supreme People's Court for an explanation or additional instructions.

Chief Justice.

(signed)

Zhang Xiaoping