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Directive 2007/ct-Ca: On The Implementation Of The Tasks Of The Focus The Work Of The People's Court In 2007

Original Language Title: Chỉ thị 01/2007/CT-CA: Về việc triển khai thực hiện các nhiệm vụ trọng tâm công tác của ngành Tòa án nhân dân năm 2007

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The DIRECTIVE on the implementation of the tasks of the Centre of gravity of the industry people's Court in 2007 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ made the resolution of the National Congress of the Communist Party, the Politburo's resolutions on the reform of the judiciary, the resolutions of the Congress, the Standing Committee of the National Assembly concerning the Organization and operation of people's Court , The program made judicial reform to 2010 by rolling the Supreme People's Court Party, based on the directions of work tasks the people's Court in 2007, Chief Justice of the Supreme People's Court asked the heads of the units of the Supreme People's Court Chief Justice, people's courts and the military court granted in the scope of the functions, duties and powers of the Organization himself implementing the tasks of the sector have been identified at the Conference summarized the work in 2006 and 2007 work tasks of the people's courts , especially some missions focus on the following: 1. Continue to accelerate and enhance the quality of tackling, judging the types of cases; fix to some case too limited time resolution, to trial in accordance with the law; implementation of procedures for questioning and debate at the trial the kind of criminal, civil and administration on the basis of the rule of law in the proceedings and judicial reform; brought to trial promptly and the big criminal, and do well the work of roving trial; strive not to happen the cases the crime the person not guilty and dismiss criminal trespassing; in the settlement of the civil case need to focus and do well the work of reconciliation, paying attention to the implementation of resolution No. 1037/2006/NQ-UBTVQH11 on 27/7/2006 of the Standing Committee of the National Assembly of the civil transactions for housing was established before 1 July 1991 Vietnam people settled abroad to participate; When resolving complaints about election voter list deputies need to comply with the provisions of the electoral law, deputies, the Ordinance on procedures for settling lawsuits and administrative instructions in section 20 the resolution No. 04/2006/hdtp on 04/8/2006 of the Council of judges of the Supreme People's Court; limited to the lowest level of the judgment, the decision has been cancelled, this page due to an error by the judge; ensure the Court's decision is lawful, complete, clear, feasible; implement strictly the provisions of the law in the proceedings about the time limit for issuing the verdict, the decision of the Court.
2. Continue to improve the efficiency and quality of the work the recommended single settlement of Cassation, retrial; timely resolve legal complaints, accusations, petition of Cassation, retrial; focus to resolve the incident prominence, or pressing the case that the judgment, the decision has force of law but are running out of time to appeal under the procedure of Cassation, retrial; limited to the lowest level of errors so as not to incur new grievance; strengthen the check, the Director of the superior court trial for the lower courts to promptly detect and fix errors in the work of resolving, judging the types of cases.
3. Improving the quality of the work of the judicial practices, do better construction and instructions applied for the law. Continue to complete the French project was assigned command of presiding Editor to ensure quality and progress to the Standing Committee of the National Assembly look through; timely drafting, the Council of judges of the Supreme People's Court or the competent agency issued guidelines for implementing texts, applied for the new legal text to be issued and the issue has many problems in practice resolved, judging the types of cases and the work of the criminal enforcement; build program, the action plan of the people's courts to implement resolution No. 71/2006/QH11 on 29/11/2006 of the Parliament on the ratification of the Protocol to join the agreement establishing the World Trade Organization (WTO).
4. Ensure the enforcement of court decisions within the law for 100% of the people sentenced to that judgment, the decision has force of law and be eligible for execution. The decision to postpone or temporarily suspended enforcement of the criminal provisions of the law are.
5. Continue to strengthen the entire organization and improving the quality of cadres and civil servants of the Court. Done right, the specific measures for each step of the recruitment and selection of staff, the judge enough in number and make sure the prescribed standards, especially for some courts in the mountainous area, the Central, Highland and Western; perform well the work rotation, maneuver, seconded officials and leaders, judges in the judiciary to enhance the work of adjudication, as the units had many projects to solve but don't have enough officers and judges as required; doing well the work of creating the source to appoint judges, and selection mechanisms innovation, introduce people to appoint judges in the direction of expanding the sources of all judges appointed for those outside of the judiciary that are eligible under the rules; further strengthen construction team of staff, the Court in the clean, strong, have good moral qualities, a strong political, professional qualifications, especially for judges; continue to scrutinize, classified staff, public servants to make good plans for training, retraining, and upgrading and professional training for judges, court clerk, Inquisitor, assessors and experts in order to further enhance the competence, professional qualifications and levels of political argument for this team; focus on training, staff training, public servants serve the international integration.
Focused research organization the Court granted in the spirit of resolution 49/NQ-TW on 02/6/2005 of the politics of judicial reform strategy 2020 to soon propose to the competent State agencies revise, supplement the legal texts related to the Organization and operation of people's courts; urgently implementing the process of establishing a number of new units (including the establishment of the Court of marriage and the family) in the Supreme People's Court and the provincial people's Court after the Commission of the National Assembly has decided to establish or approve.

6. improving ethics, responsibility, sense of service of public officers, the court first of all for the head of the Agency, the unit and the judge. The head of the Agency, the unit is responsible for the management of the work, especially the quality of judging, not to abuse the pretrial work organization, exchange opinions on professional expertise to form the browse mode of the judgment, impose personal views contrary to the principle of independence and only obey the law in the resolution of the types of cases; strengthen the ideological and political education management officer, public servants in the industry; implementation of inspection, inspection to timely detection, strict processing for the collective and individual officers, the Court has violated. With regard to the violations of the law, the moral qualities that cause adverse effect on the reputation of the then court officials determined out of the industry. For the case of the crime who are innocent or reached the crime, the case of a judgment or decision is cancelled or is this page due to a serious mistake, damage to the property of the State, the legitimate rights and interests of organizations and citizens must be check out points , evaluation of competencies, qualifications and responsibility of judges to take measures to handle the suit. The Court would have the crime the person without sin or crime or the national finalist of the judgment, the decision has been cancelled, or is there more to the case too the deadline resolution in accordance with the law or to take unit collective solidarity extends the Court's leader the unit, which is responsible for the management reviews.
7. Coordinate with relevant agencies to continue the selection process, the Commission of the National Assembly decided to list the District Court is eligible to perform jurisdiction as specified in paragraph 1 to article 170 criminal laws and the provisions of article 33 of the Penal Code of civil proceedings under the proposed roadmap at the same time continuing to strengthen the capacity for the trial the District Court was given jurisdiction.
8. effective implementation of the provisions of the law on thrift practice against waste, corruption prevention. Continued renovation of administrative procedures-justice in the courts towards fast, compact, efficient and effective; continue assigning, reasonable management divisions in the whole judiciary and each unit; publicly, the transparency of the activities of the Court in accordance with the law; the promulgation of the code of conduct of the judge, the clerk and the court officials, officers in accordance with the provisions of the law on prevention of corruption.
9. Ensure the funding of activities for the whole industry; and identify key new construction and repair, renovate, extend the working headquarters for the people's courts, especially the District Court to meet the increase in jurisdiction and projected the creation of the regional court in some localities; tight management of capital construction and the use of funds granted rules: building and done right, effective internal spending rules in the whole industry people's courts; continue to promote investment, application of information technology in the work of professional service and operation management of the judiciary; strengthen relations and international cooperation of the judiciary.
10. promote the patriotic emulation movement of public officials in the people's courts and coordinated closely with the Government, Party committees at all levels, the body conducting the proceedings and the other authorities in local and central to completing the work of people's courts in 2007.
The heads of the units of the people's Court, Supreme People's Court and Chief Justice of military courts granted within the scope of the functions, duties, their powers are responsible for the content of this directive holds to all judges, officers, public officials in the Administration, at the same time directing and organizing the implementation of the directive./.