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Directive 2006/ct-Ca: About The Deployment, Implementation Of Tasks Central To The Work Of People's Courts, 2006

Original Language Title: Chỉ thị 01/2006/CT-CA: Về việc triển khai, tổ chức thực hiện các nhiệm vụ trọng tâm công tác của ngành Tòa án nhân dân năm 2006

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Directive on the deployment, implementation of tasks central to the work of people's courts in 2006 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ at the Conference summarized the work in 2005 and deployed mission direction 2006 work of people's courts has been defined: in 2005 the industry people's courts has completed the task of judging the types of cases and other duties , contributes to the same judicial authorities and the people of the country to maintain political stability, social order and safety. However, also no less defects, mistakes should be studied to clarify the cause to find effective remedies. On the basis of the directive, the party's resolutions on the work of Justice and the resolutions of the National Assembly passed in session 8 key Congress XI, people's courts have defined the task of the focus of work in 2006. To develop, organize, implement effectively the tasks the focus the work of people's courts in 2006, Chief Justice of the Supreme People's Court asked the heads of the units of the Supreme People's Court, the Chief Justice of the Court of local people and military court granted in the scope of functions duties and powers of special note need to deploy and operate well some basic tasks: 1. Accelerate and improve quality tackle, judging the types of cases; fix thoroughly getting to some case too limited time deal, judging by rules of law; continued innovation and extensive deployment of procedures for questioning and debate in all types of trial in the criminal, civil and administration on the basis of the rule of law in the proceedings and judicial reform; more attention to the work of mediation in the process of settling the civil case; strive to resolve legal matters, administrative lawsuits, ensuring the legitimate rights and interests of the parties involved; brought to trial promptly and the great criminal, the key is public opinion social interest; strive not to happen falsely convicted cases innocent people and confined to the lowest level of serious mistakes in the process of resolving, judging the types of cases.
2. Based on the actual situation of the unit yourself, find more appropriate measures, effective to strive for complete and surpass the norms on the work trial was identified at the Conference summarized the work in 2005 and deployed mission direction 2006 work of people's courts.
3. focus properly and timely resolve the complaint, report, application of Cassation, retrial; priority to timely resolve grievance pressing, stretching or the application for judgment, the decision has force of law coming expiry of protest under procedure of Cassation, retrial; increased activity check, the Director of the superior court trial for the courts subordinate to timely detect, prepare the flaws of the trial and the appeal or cassation or retrial for the judgment, the decision has force of law but there are serious mistakes or found to have grounds for protest under procedure of re- beauty salon; limited to the lowest level of errors in order not to give rise to more complaints, especially complaints pressing, stretching.
Chief Justice of the provincial people's Court and the heads of the units of the Supreme People's Court of the need to promote responsibility in solving application, request a review of the verdict, the decision of the Court has legal effect; specifically the following: a) the Chief Justice of the provincial people's Court should sue, strengthening the work of the President Office, check. Upon receipt of the application, the request of the Agency, organization or individual about the review of the verdict, the decision of the Court was in effect the law need type and based on the rule of law in the proceedings to handle. If found to have serious mistake the protest under procedure of Cassation, if found to have new details in accordance with the law the proceedings to protest under procedure of a retrial, guaranteed not to have bad judgment, the decision has force of law when the Court found the base appeal too limited time to appeal under the procedure of the Director appeal or retrial.
b) stations the Court: criminal, civil, economic, labour, administration of the Supreme People's Court within the functions, duties and powers of his own, as assigned by the Chief Justice of the Supreme People's Court should organize the review, menu suggestions, solving the Agency's requirements organizations and individuals regarding the review of the verdict, the decision of the Court has in effect a law and science. Need to assign clear responsibilities, according to the regulations of the Organization and the work the recommended single classification, requirements of the agencies, organizations and individuals to address timeliness, proper rule of law, guarantee the rights, legitimate interests of the person convicted, of litigants. Specific cases and according to the provisions of the law need to timely reporting to the Deputy Chief Justice of the Supreme People's Court was Chief Justice of the Supreme People's court assigned unit to charge for guidance, review, resolve.
c) head Inspection Committee of the Supreme People's Court should organize and strengthen the check work judging by the local people's Court, the Court of appeal of the Supreme People's Court as assigned by the Chief Justice of the Supreme People's Court, especially in the case are the suggested menu , the Agency's request, the Organization, individuals about to review the verdict, the decision of the Court has legal effect; make sure the judgement, the Court's decision was in effect enforced to correct law.
4. To urgently resolve the compensation claim of the person convicted of crime in accordance with resolution No. 387/2003/NQ-UBTVQH11 of the National Assembly Committee on compensation for crime by people competent in criminal activities cause. Case mediation fails, people convicted of falsely claims compensation for torts, the competent court must urgently accepting the resolution, in accordance with the provisions of the civil procedure law.
5. Strengthening of the judicial practices to better construction and instructions applied for the law. Prepared the project of the Ordinance was delivered to the Commission of the National Assembly in accordance with the stipulated time. Your organization, handling the legal text in breach of content, form and the authority issued and report the results to Parliament, the Standing Committee of the National Assembly. 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 trial practices.
6. Fix the thoroughly the slow release of the judgement, decide to timely decision to enforce the criminal as well as civil enforcement. The timeliness of decision execution for 100% of the people sentenced to that judgment, the decision has force of law and be eligible to execute; The decision to postpone or temporarily suspend execution must have full legal base; Work closely with the authorities and the local authorities in order to implement effectively the decisions of criminal enforcement courts.

7. Continue to strengthen the entire machine and the Organization Department of the court levels. Further strengthen construction team of staff, the Court in the clean, strong, sure about moral qualities, a field of politics, the level of professional competence, particularly with regard to judges. Perform well the work rotation, maneuver, seconded officers, judges and the work made judge appointed to the source; to further improve the mechanism of selection of judges and public officials in hiring in the direction of improving quality, step by step meet officials and judges for the courts of the levels, especially the District Court and the Court of the mountainous province, the Highlands and the South West.
8. Frequently attach importance to education, training and raising the level, trial capacity (particularly the capability to resolve the incident, civil, administrative cases) for the team of judges. Continue to scrutinize, classified staff, public servants to make good training plan, training, refresher and specialist training for judges, court clerk, Inquisitor, and fostering professional training for assessors in order to enhance the capacity, qualification , and the level of political argument for this team.
9. The Executive direction, organization and procedures of administrative justice in the courts towards fast, compact, efficient and effective; assigned, the logical hierarchy; improved method and way of working, the margin tied the powers with responsibilities. Construction and implementation of the regulation of operation of the unit as the basis for managing, operating, assigning and checking the work of officials and public servants. Raise moral, responsible, conscious of serving officers, public officials, the court first of all for the head of the Agency, the unit and the judge. Enhanced check, inspection to detect, handle the officers, servants of the Court violates the law, material degradation. With regard to the violations of the law, the virtuous, then determined out of the industry. For cases of innocent people falsely convicted or the case of a judgement, decision canceled, 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 review, evaluation of competencies , the level and the responsibility of the judge to take measures to handle the suit. The Court would have the conviction of innocent people falsely or proportion of the judgment, the decision has been cancelled, the case has much higher to too limited time resolution in accordance with the law or to take unit collective solidarity extends the Court leadership, units that are responsible for the management reviews.
10. Continue to increase the capacity for the trial the District Court were authorized under the provisions of the code of criminal proceedings in 2003 and the code of civil procedure; option, the Standing Committee of the National Assembly decided to list the District Court is eligible to perform jurisdiction as specified in paragraph 1 to article 170 of the Penal Code criminal proceedings in 2003, and the provisions of article 33 civil procedure law; preparing the conditions necessary for the effective implementation of the expanded jurisdiction of administrative cases in the coming time.
11. The deployment decision, effectively the provisions of the law on thrift practice against waste, corruption prevention. Taken seriously the State budget Law, the accounting Law and the legal texts concerned; ensure funding for industry activities; management and use of funds granted, proper purpose the right principles, financial regime.
Step by step the application of information technology in the work of professional service and management activities; step by step ensures the material basis, the working conditions for the courts, especially the newly established court or be delivered made Shenzhen new trial.
12. good organization the patriotic emulation movement to encourage the spirit of striving to complete its mission of public officers in the people's Court of the whole industry.
13. To coordinate closely with the Party Committee, Government grants, the agency conducting the proceedings and the other authorities in the Central and local levels to implement the work of people's courts.
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 servants administered; at the same time directing and organizing the implementation of the directive./.