General Secretary Nguyen Phu Trong with the People's Court

Báo Nhân dânBáo Nhân dân19/11/2024

NDO - During nearly 60 years of revolutionary activities, holding many important positions assigned by the Party, State and people, General Secretary Nguyen Phu Trong has always paid special attention, led, directed and left many deep impressions in the People's Court system.
General Secretary and President Nguyen Phu Trong attended the Conference on deploying the Court's work in 2019.
General Secretary and President Nguyen Phu Trong attended the Conference on deploying the Court's work in 2019.
As President, Chairman of the National Assembly, and General Secretary, he has visited and worked with the Party Executive Committee, the Supreme People's Court, and attended conferences on the implementation of court work many times. With his profound and sharp intelligence, talent, and mettle of the generation of Vietnamese leaders in the reform period, the General Secretary has given many profound instructions, demonstrating strategic vision, innovative thinking, and sharp reasoning for court work.
“The Vietnamese Court is a Court of the people, by the people and for the people”; “The Court is a symbol of national justice”
General Secretary Nguyen Phu Trong affirmed the position and role of the Court as " an institution that exercises State power, has the duty to care for and protect justice, is the place that most deeply expresses the nature of the State, and is a symbol of national justice ".
On March 20, 2015, during a working session with the Party Executive Committee and key leaders of the Supreme People's Court on the work of the Court from the beginning of the 11th Party Congress term to March 2015, General Secretary Nguyen Phu Trong, Head of the Central Steering Committee on anti-corruption work, affirmed that " In our State apparatus, the People's Court has a very important position and role. The Court is the adjudicating agency, exercising judicial power "; " The Vietnamese Court is a Court of the people, by the people and for the people, with the duty to protect justice, protect human rights, civil rights, protect socialist legality, protect the interests of the State, and the legitimate rights and interests of organizations and individuals ".
In the book “Promoting democracy, continuing to build a socialist rule-of-law state of the people, by the people, for the people”, General Secretary Nguyen Phu Trong stated, “ The court is the place where democracy and transparency in law enforcement activities are concentrated. There, people find justice, humanity, good and evil directly and concretely through specific legal events”.
The General Secretary spoke to the People's Court system: " Over 70 years of growth and development, the Court sector has increasingly developed, making great contributions to protecting justice and protecting the rights of the State and citizens."
"The prestige of the Court is the credibility of the political system and the State"
Speaking at the Conference on the implementation of the Court's work in 2019, General Secretary and President Nguyen Phu Trong emphasized: “ The prestige of the Court is the trust of the political regime and the State, because this is the people's belief in justice and social fairness. Affirming this helps us see more clearly the political responsibility of the Courts, especially the team of Judges. Each verdict must be truly " convincing " , subduing criminals, convincing the parties, gaining public consensus; must create legal standards, ethical standards, have the effect of educating the law and orienting social activities ”. [1]
The General Secretary advised the court officials and civil servants: “ Every person working in the court must be a symbol of justice, fairness, integrity, and decency. In particular, the team of judges and people's assessors are the ones who hold the scales and measure, must judge in the spirit of impartiality, objectivity, and respect for the law, not for personal gain, not letting silver pierce justice, deeply imbued with Uncle Ho's teachings 'serve the public, follow the law, be impartial and selfless'”.
The General Secretary acknowledged that “ The persistent and silent contributions of generations of cadres and judges have created a fine tradition for the Court sector; they have always been recognized and respected by the Party, State and people .”
General Secretary Nguyen Phu Trong with the People's Court photo 1
General Secretary and President Nguyen Phu Trong took a souvenir photo with Party and State leaders and leaders of the Supreme People's Court at the Conference on deploying the Court's work in 2019.
“The core task of the Courts is to improve the quality of adjudication”
Faced with the rapid, complex and unpredictable developments in the world and domestic situation, the General Secretary requested that the core task of the Courts is to improve the quality of trials; not to wrongly convict innocent people, not to let criminals and offenders escape; to minimize the number of judgments that are overturned or amended due to subjective errors. The Courts need to focus on improving the quality, feasibility and accuracy of judgments, especially the application of judicial measures and correctly determining the civil liability of criminals, and improving the effectiveness of asset recovery in corruption and economic cases. When detecting erroneous judgments, they must resolutely overcome them, sincerely admit their shortcomings and make corrections to protect the rights and interests of the people. Resolutely overcome the situation of violating procedural time limits . Prolonging the trial time and putting people in a state of legal tension for too long is not a manifestation of a civilized judiciary”. [2]
Regarding the trial work, General Secretary Nguyen Phu Trong shared the difficulties of the entire court system; acknowledged the efforts and highly appreciated the Courts at all levels for being proactive and creative in directing and operating; proposing many policies with breakthrough solutions to improve the quality of trials; having made new developments and achieved important achievements. The General Secretary assessed that " the focus on the quality and effectiveness of the trial work of the Courts has contributed significantly to maintaining political stability and social order and safety, protecting the peaceful life of the people, creating a peaceful, secure and safe environment for national development ".
To further improve the quality of trials, the General Secretary requested that the Courts “ Regularly add new solutions to suit the practical situation. Strengthen inspection and supervision, especially supervision by the people and elected bodies of the Court’s activities ” and “Focus on building a People’s Court that is open, transparent, and serves the people, contributing to consolidating and maintaining the people’s trust in the judiciary” .
“There are no forbidden zones, no exceptions in the trial of corruption cases
Throughout his work, the work of building and rectifying the Party and the political system, and preventing corruption and negativity has held a particularly important position for General Secretary Nguyen Phu Trong. He requested that a preventive mechanism be planned and built so that corruption cannot be committed; a punishment and deterrence mechanism so that corruption is not dared to be committed; and a guarantee mechanism so that corruption is not necessary. [3] The guiding viewpoint that the General Secretary put forward is: “ The fight against corruption and negativity must be resolute, persistent, without rest or incessant; speed up the handling of corruption and economic cases that have been prosecuted in accordance with Party regulations and State laws, focus on detecting and handling new corruption cases and incidents, without forbidden areas, without exceptions, and without being subject to improper influence by any individual or organization ”. [4]
The General Secretary emphasized: “ The Court is an extremely important link in preventing and fighting corruption” and requested that “the Court sector needs to focus more on trying key cases of corruption prevention and fighting; pay attention to directing and coordinating to improve the quality of execution, especially asset recovery in major and complicated cases ”. [5]
Speaking at the Conference on the implementation of the Court's work in 2019, the General Secretary acknowledged that " Courts at all levels have actively and effectively participated in the fight against corruption. Corruption crimes are being gradually contained, many major cases have been discovered and strictly handled. The penalties that the Courts have decided on defendants who committed corruption crimes are a stern warning against the abuse of power and arbitrariness, violations of the law, and infringements on the interests of the State and the people. Through trials, many Trial Councils have also pointed out the causes and conditions leading to violations; resolutely prosecuted in court when discovering crimes that have not been investigated and handled; recommended many contents related to the responsibility of state management, loopholes in mechanisms and policies so that relevant agencies can take effective preventive and remedial measures ".
Assessing the results of the trials of corruption cases at the National Conference summarizing the work of preventing and combating corruption in the period of 2013-2020, the General Secretary acknowledged that “ The Courts have made many innovations in trial activities;... improving the quality of litigation in court; minimizing the situation of wrongful convictions, letting criminals and criminals escape; protecting justice, protecting the interests of the State, the legitimate and legal rights and interests of organizations and individuals, human rights, civil rights, and strongly promoting the people's right to mastery ”.
The General Secretary requested “ Symbolic handling of party discipline, administrative discipline and criminal law against violators, regardless of who they are;... must link the fight against corruption with the fight against negativity, prevent and push back the degradation of political ideology, morality and lifestyle;... must resolutely rectify and fight to eliminate the mindset of retreat, working "moderately", "defensively", "shielding", keeping "safe" in a certain group of cadres and civil servants, especially leaders and managers of internal affairs agencies at all levels... ” [6]
“The court is the center and focus of judicial work”; “The court needs to summarize practices and gradually perfect the institution of court work”
On March 20, 2015, during a working session with the Party Executive Committee and key leaders of the Supreme People's Court on the work of the Court from the beginning of the 11th Party Congress term to March 2015, General Secretary Nguyen Phu Trong, Head of the Central Steering Committee for anti-corruption work, affirmed that "... With the spirit of judicial reform reflected in the 2013 Constitution, the activities of the Court are the focus of judicial work . Throughout the process since its inception, the Court has increasingly developed and matured, making great contributions to the protection of justice, building a rule-of-law State, protecting the legitimate rights and interests of the State and the people ."
Speaking at the Conference on the implementation of the Court's work in 2019, General Secretary and President Nguyen Phu Trong affirmed that " Building a civilized and progressive judiciary, in which the Court plays a central role , is an important content to continuously perfect the socialist rule-of-law state of Vietnam ".
Speaking on the direction of the Court, General Secretary Nguyen Phu Trong requested that " The Court needs to summarize practices, promptly discover, propose amendments, supplements or build new necessary draft laws, ensure content and proceedings in accordance with the spirit of judicial reform, and gradually perfect the institution of Court work " . [7]
Under the leadership of General Secretary Nguyen Phu Trong, our Party issued Resolution No. 27-NQ/TW dated November 9, 2022 on continuing to build and perfect the socialist rule-of-law state of Vietnam in the new period. The Resolution sets out one of three key tasks in the work of building and perfecting the socialist rule-of-law state: " Promoting judicial reform, ensuring the independence of the Court according to its jurisdiction, Judges and Jurors adjudicating independently and only obeying the law " and identifies four important solutions for the Court system, including:
“(1) Perfecting policies and laws related to the judiciary, ensuring respect for and protection of human rights and civil rights. Perfecting mechanisms to prevent, stop and handle all acts of illegal interference in judicial activities; ensuring the independence of the court according to its jurisdiction, judges and jurors adjudicating independently and only obeying the law;
(2) Building a judicial procedure system with trial as the center and litigation as a breakthrough; ensuring democratic, fair, civilized, rule of law, modern, strict, accessible judicial procedures; ensuring and protecting human rights and civil rights. Effectively applying simplified judicial procedures; combining non-judicial procedural methods with judicial procedural methods. Innovating and improving the effectiveness of the mechanism for people to participate in trials in court. Summarizing practices, researching and perfecting legal regulations on initiating civil lawsuits in cases where the subject of civil rights is a vulnerable group or cases related to public interests but no one initiates the lawsuit;
(3) Perfecting the mechanism to overcome the situation where the relationship between court levels is an administrative relationship, ensuring independence between trial levels and the independence of judges and jurors when trying cases. Clearly defining the tasks of first-instance trials, appeal trials, review of judgments and decisions according to the supervisory and retrial procedures; building an electronic court. Determining the authority of the court to fully and properly exercise judicial power; expanding the authority of the court in trying administrative violations, deciding on a number of issues related to human rights and civil rights. Researching and clarifying the authority of the trial panel to initiate a case at trial, cases where the court collects evidence during the trial;
(4) Develop a sufficient number of judicial human resources, ensuring quality, with a reasonable structure. Improve the quality of judicial human resources training; review and rationally arrange law bachelor training institutions. Clearly define the system of standards on professional expertise, political capacity, ethical qualities, professional responsibility, legal, economic, social knowledge and practical experience for each judicial position and human resources. Expand resources, promote the implementation of the examination mechanism to appoint judicial positions. Innovate policies, salary regimes, appointment terms and security mechanisms so that the team of judicial staff can work with peace of mind, be honest, impartial, professional, and meet the requirements of tasks in the new situation, especially for the team of judges" [ 8] .
Through this Resolution, the General Secretary's profound thoughts and theories on the work of the Court have been demonstrated; a great step forward in the awareness of building and perfecting the Vietnamese socialist rule of law state of the people, by the people, and for the people.
When directing the work of judicial reform, the General Secretary emphasized that " The responsibility of the Courts is to focus on implementing the requirements of judicial reform more urgently "; and required "We must promote judicial reform, strengthen the role of the Courts , ensure justice and protect human rights and civil rights; we must innovate and be more creative, more honest, disciplined, effective and efficient in the organization and operation of the Courts ". [9]
The General Secretary requested the Courts to “Continue to carry out judicial reform tasks in the Courts. Proactively research and be ready to respond to issues arising for the Courts in the period of deep international integration and strong development of the digital economy;.... it is necessary to review and accelerate the implementation progress
implementing the tasks of judicial reform that have been set. Accordingly, the Court continues to participate in institutional building and perfecting the legal system by researching and proposing additional new judicial law projects, issuing resolutions of the Council of Judges of the Supreme People's Court to guide the unified application of the law; summarizing trial practices to resolve difficulties and develop case law with greater quantity and quality"; Regarding the organization of the Court's activities, the General Secretary emphasized that "The Courts must reorganize to be streamlined, effective, efficient and suitable to the requirements of practice"; "The Court must gradually expand its authority to resolve almost all disputes that arise in social life ". [10] The General Secretary noted to the Courts: “In the context of the country's deep international integration, the Court must expand and improve the quality of cooperation with international adjudication and arbitration institutions to have the capacity to resolve transnational cases and incidents; thereby enhancing the position of the Vietnamese Court in the international arena”. [11] The General Secretary emphasized: “ The task of the Court in the new judicial reform process is to thoroughly research, be ready to respond to issues raised by life, prepare for trial and well resolve both non-traditional crimes, non-traditional disputes and non-traditional violations”. [12] Thoroughly grasping the requirements and directions of the General Secretary, the People's Court system has researched, proposed and had the National Assembly pass the amended Law on Organization of People's Courts at the 7th Session on June 24, 2024. This is an important law on the organization and operation of the Court, creating a solid legal basis for improving the quality and efficiency of the Court's operations, ensuring that the Court is truly the support of the people in protecting justice, human rights, protecting the socialist regime, protecting the interests of the State, and the legitimate rights and interests of organizations and individuals.
General Secretary Nguyen Phu Trong with the People's Court photo 2
General Secretary and President Nguyen Phu Trong took a souvenir photo with leaders of the Supreme People's Court and delegates at the Conference on deploying the Court's work in 2019.
“Building a team of honest, upright, impartial, transparent, politically steadfast, professionally competent, and legally proficient cadres” Imbued with Ho Chi Minh’s thought and deeply aware of the important position and role of cadre work, at the working session with key cadres of the Supreme People’s Court on March 20, 2015, General Secretary Nguyen Phu Trong acknowledged: “ Generations of cadres, civil servants, and public employees of the People’s Court have united in one heart, striving to fulfill the tasks entrusted to them by the Party, the State, and the people ” and emphasized: “ The Court system must do a better job in training and fostering cadres, perfecting the cadre team, improving the qualifications of cadres and civil servants, especially the team of judges, rectifying their working style and manners, resolutely purifying the team of people working in trials, those who hold the scales of justice, the symbols of the country’s justice system. Each officer working in the Court sector must be fair, upright, decent, and have sufficient qualifications and courage . According to Comrade, “ The quality of the judiciary is ultimately decided by judicial officers, because they are the ones who directly “hold the scales of justice”. Every mistake in the performance of public duties by judicial officers affects the political life and interests, even the lives of the people. Therefore, building a team of officers, especially judges who are honest, upright, impartial, transparent, politically steadfast, professionally skilled, and well-versed in the law, must be the top priority of the Courts ”. General Secretary Nguyen Phu Trong told the Courts, The Party, the State and the people always pay attention, care, and ensure the conditions and resources to build a clean and strong Court system. Therefore, I hope that, with great efforts and determination; with the spirit of daring to think, daring to do, daring to take responsibility; Despite facing difficulties, challenges and many temptations, the staff and judges of the Courts at all levels will always demonstrate their intelligence, courage and morality, excellently completing their tasks, worthy of the trust of the Party, the State and the expectations of the people . [13] The General Secretary requested the Courts to "continue to perfect the organizational structure and build a staff with sufficient qualities, capacity and prestige to serve the Fatherland, serve the people and the development of the country" [14] ; "Focus on training judicial staff, judicial support, innovating the selection and appointment mechanism for judicial positions in the spirit of judicial reform"; [15] The thoughts and guiding views of General Secretary Nguyen Phu Trong have become valuable spiritual assets of the Party, State and Vietnamese people in general, and the People's Court system in particular. The People's Court system always keeps in mind the advice of General Secretary Nguyen Phu Trong, strives to overcome all difficulties and challenges, excellently completes the tasks that the Party, State and people have trusted and assigned; builds a truly clean and strong People's Court, successfully completes the task of protecting justice, protecting human rights, civil rights, serving the people, serving the Socialist Republic of Vietnam, making worthy contributions to the cause of national renewal, reforming the country's judiciary, and building a constantly growing People's Court. ------------------------------

[1] Speech by General Secretary and President Nguyen Phu Trong at the Conference on deploying the work of the Court in 2019

[2] Speech by General Secretary and President Nguyen Phu Trong at the Conference on deploying the Court's work in 2019

[3] General Secretary Nguyen Phu Trong, Head of the Central Steering Committee on Anti-Corruption, delivered a speech at the National Conference on Anti-Corruption on May 5, 2014.

[4] General Secretary and President Nguyen Phu Trong, Head of the Central Steering Committee on Anti-Corruption, delivered a concluding speech at the National Conference to review anti-corruption work in the 2013-2020 period, on December 12, 2020.

[5] Statement by General Secretary Nguyen Phu Trong at the working session with the Supreme People's Court on March 20, 2015.

[6] General Secretary and President Nguyen Phu Trong, Head of the Central Steering Committee on Anti-Corruption, delivered a concluding speech at the National Conference to review anti-corruption work in the 2013-2020 period, on December 12, 2020.

[7] Statement by General Secretary Nguyen Phu Trong at the working session with the Supreme People's Court on March 20, 2015.

[8] Section 7 Part IV Resolution No. 27-NQ/TW dated November 9, 2022 of the 13th Party Central Committee on continuing to build and perfect the socialist rule-of-law state of Vietnam in the new period.

[9] Speech by General Secretary and President Nguyen Phu Trong at the Conference on deploying the work of the Court in 2019.

[10] Speech by General Secretary and President Nguyen Phu Trong at the Conference on deploying the work of the Court in 2019.

[11] Speech by General Secretary and President Nguyen Phu Trong at the Conference on deploying the work of the Court in 2019.

[12] Speech by General Secretary and President Nguyen Phu Trong at the Conference on deploying the work of the Court in 2019.

[13] Speech by General Secretary and President Nguyen Phu Trong at the Conference on deploying the Court's work in 2019

[14] Speech by General Secretary and President Nguyen Phu Trong at the Conference on deploying the Court's work in 2019

[15] General Secretary Nguyen Phu Trong speaks at the National Conference of Internal Affairs Agencies to implement the Resolution of the 13th National Party Congress, September 15, 2021


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