The National Assembly (NA) deputies on Saturday discussed in groups some amendments to the Civil Procedure Code presented at the ongoing 9th session of the 13th National Assembly.
Deputies debated Article 4 of the draft amended Civil Procedure Code, which regulates that the court cannot refuse requests to resolve civil cases by citing the absence of a law to apply. Some deputies recommended that the drafting committee should carefully study this issue because in Viet Nam, legal precedent is not a source of law. The People's Court must handle cases on the basis of constitutional provisions and laws.
Le Thi Nga, a deputy from Thai Nguyen province, said this should not be regulated in the draft amended code as it will create troubles for the court in resolving cases.
However, some deputies observed that this provision is necessary because it will ensure the institutionalisation of constitutional provisions regarding the court's judicial performance.
Deputy Phung Van Hung from Cao Bang province said the amended provision aims to protect the rights and interests of citizens and increase the accountability of judges who must find solutions to all cases.
When there is no law to apply, the court can base its conclusions on legal precedents, customs, and the common rule of law, he noted.
Deputies also discussed articles regulating the application of legal precedent and the participation of the People's Procuracy in the court.
While many deputies agreed it is necessary to amend the Civil Procedure Code, some suggested that the drafting committee should thoroughly review and amend and supplement only necessary points. They should also explain the reasons for amendments and supplements in order to overcome the shortcomings of the existing regulations.
Lawmakers also discussed the draft Law on Animal Health and heard a report on the Law on Temporary Detention and Arrest.