Perspectives on Improving the Quality of Law Application in Resolving Land Use Rights Disputes at the People's Court

Defects and weaknesses, no matter how small, in law enforcement agencies and in the Courts, have great harm. In recent times, there have been a number of cases where the quality of trials, including first instance, appeal, and cassation, has not been enough to convince public opinion, and there have even been errors, and some judgments and decisions have been reformed. (especially for civil cases, marriage and family cases) is not a small number... Comrades discuss deeply, find the true cause to propose measures to the State or other agencies. Comrades proactively organize implementation to overcome the shortcomings that are being reminded and noted by the Party Central Committee, the National Assembly and public opinion. In particular, we must be resolute and strictly handle those degenerate and degenerate elements who intentionally misjudge or misjudge due to improper motives, haphazard and careless actions. If it is due to poor professional qualifications, subjectivity, and one-sidedness, then we must seriously review the leaks of right and wrong to learn from experience and take educational measures" [14].

Conclusion of chapter 2

In recent years, despite many difficulties, the People's Court sector has overcome difficulties and won many victories. The People's Court sector has played a very important role in the fight and prevention of crime. In the process of judicial reform, the People's Court sector has closely followed the political tasks identified in the Party's Resolutions, promptly served new requirements, and contributed to building a social law-governed State. of the people, by the people and for the people. In adjudication activities, the application of the law in resolving civil cases in general, and cases of disputes over land use rights in particular, were selected and applied correctly by the trial panel. The Court's decision clearly shows love

request to attach importance to litigation at Court in the spirit of Resolution No. 08-NQTU, dated January 2, 2002 of the Politburo.

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Besides, there are still certain shortcomings in the application of the law when the Court resolves land use rights disputes. The above shortcomings, in addition to objective reasons such as lack of synchronization and unification of legal documents, limited legal knowledge of people when signing land use rights transfer contracts, are also due to subjective reasons. That is the weakness in studying and practicing professional qualifications of some Judges, the qualifications and judicial capacity of Judges are not on par with new tasks, and the training and cultivation of professional ethics. of the Judge is still weak. However, with the leadership and direction of our Party and State, and the efforts to overcome the shortcomings of all officials and civil servants in the Court sector, we have complete confidence in The purity, wisdom, and fairness of those who " keep their balance " in choosing and correctly applying legal norms to resolve civil cases in general and land use rights disputes in general. of the People's Court is accurate and legal, making a worthy contribution to judicial reform.

Chapter 3

VIEWPOINTS AND SOLUTIONS TO IMPROVE THE QUALITY OF APPLYING THE LAW IN RESOLUTION

DISPUTES OF LAND USE RIGHTS AT THE PEOPLE'S COURT

3.1. Perspectives on improving the quality of law application in resolving land use rights disputes at the People's Court

The political report of the 10th Party Central Committee at the 11th National Congress of the Party stated: Promoting the implementation of the Judicial Reform Strategy until 2020, building the judicial system in clean, strong, protects justice, respects and protects human rights. Improve policies and laws on criminal, civil, judicial proceedings and the organizational structure of judicial agencies, ensuring scientificity, synchronization, promoting independence, objectivity, Comply with the laws of each agency and judicial title. Innovating the Court's organizational system according to its jurisdiction, ensuring reform of judicial activities is the focus of reform of judicial activities; Expand the court's jurisdiction over administrative complaints. The Procuracy is organized in accordance with the court organizational system, better ensuring conditions for the People's Procuracy to effectively perform the function of exercising prosecutorial power and supervising judicial activities; Strengthen prosecutorial responsibility in investigation activities, linking prosecution with investigation activities. Arrange and consolidate the entire organization and operations of the investigation agency in the direction of reducing focal points; Identify leaks in procedural investigation and reconnaissance activities in the fight against crime. Continue to innovate and strengthen judicial support organizations. Improve the professional qualifications, skills and professional ethics of judicial and judicial support staff. Strengthen supervision mechanisms, ensure people's participation in supervision of judicial activities [3, p. 250, 251].

The Party's policy on judicial reform and building a system of legal documents is the basic viewpoint to improve the quality of law application in the Court's trial activities in general and the quality of application. law in resolving land use rights disputes in particular. To improve the quality of law application in resolving land use rights disputes at the People's Court, it is necessary to thoroughly grasp the following viewpoints:

3.1.1. Strengthen the Party's leadership over the activities of judicial agencies, including law application activities of the People's Courts, and enhance the political bravery of the team of judges.

The Party leading the state and society is a basic principle recognized in the Constitution. Therefore, the activities of the People's Court as well as the activities of other agencies in our state apparatus are all under the leadership of the Party. The Party leads the State in all three aspects: ideology, organization and cadres. The Party's leadership ensures that the activities of judicial agencies are increasingly of higher quality and always in the right direction for the goals of wealthy people, strong country, democratic, fair and civilized society. Strengthening the Party's leadership in resolving land use rights disputes does not mean that party organizations and party members intervene in activities to apply the law and make decisions on behalf of the Court.

The Party's leadership is carried out by the policy of judicial policy, by the direction of innovating the organization and operation of judicial agencies so that they are increasingly more effective and the quality of law application is increasingly better. than. Under the Party's leadership, the political bravery and sense of revolutionary enlightenment of judicial officers in general and Court officers in particular are always maintained and enhanced throughout the process of performing their duties. according to the provisions of law. The requirement for unity and unanimity in party organizations at Court units is always an important requirement. Organizations

The Party in the Court has done a good job of leading and educating ideology for Party members and Court officials. Currently, the Supreme People's Court and the Provincial People's Courts all have Party Committees to comprehensively lead all aspects of the work of the entire sector as well as each unit. The Party's major policies are urgently and seriously implemented by the People's Court sector. On the basis of those policies, the Party Committee of the Supreme People's Court has a specific program and action plan to effectively implement it throughout the People's Court sector and Party members of the Court sector. The People's Court is always absolutely loyal to the Party's policies and guidelines and the State's laws, has good moral qualities, has a simple lifestyle, and has the spirit of overcoming difficulties to complete tasks.

Up to now, 100% of judges at all levels are party members. During the 2010 Provincial and District Party Congress, the People's Court sector had 46 representatives of Provincial Court leaders elected and elected to the Executive Committee. Provincial Party Executive Committee and over 400 people representing district People's Court leaders were elected and elected to the District Party Executive Committee [17].

Reality shows that in recent times, the Courts have seriously implemented the principle of comprehensive Party leadership over Court work, especially trial work and staff work. The Courts have implemented a regime of periodically reporting to the Party Committee on Court work to seek direction from the Party Committee on the direction of the Court's work. Party committees at all levels give opinions and direct the resolution of complex, politically sensitive cases, cases related to national security, religion, key major cases and outstanding cases, The frustration received special attention from public opinion. Party committees at all levels always take care of the Court's staff work, especially planning, staff training, selecting judges, and arranging to use the right staff of the Courts. Party committees at all levels orient and introduce party members who are qualified, qualified, and capable

prestige, responsibility and political courage to be elected to the Party Committee and hold leadership positions in the People's Courts at all levels.

Thus, thanks to the strong innovation in the organization and operation of the Courts in the spirit of Resolution No. 49-NQTU of the Politburo (term IX) on the judicial reform strategy until 2020 and its implementation. Since the key tasks of this Resolution have been effectively implemented, all aspects of the Court's work in recent years have been improved. The number of unjust and wrongful incidents has been controlled and reduced to the lowest level. Big, important cases have been brought to trial promptly, strictly, lawfully, and received unanimous support from the people. In the coming time, the People's Court sector needs to focus on completing key tasks of judicial work according to Resolution No. 08-NQTU, focusing on speeding up the implementation of ongoing tasks such as improving the quality of judicial work. quality of litigation at court hearings, building a team of clean and strong Court officials, increasing investment in facilities for Courts at all levels, promoting law development, and guiding the uniform application of law. law in judicial activities. Resolving land use rights disputes at the People's Court is a very sensitive and complicated field today, moreover, the law is not complete, not specific, and does not cover every situation in practice. Therefore, the Party must strengthen its leadership in this work for the People's Court, especially with a view to directing solutions to ensure improvement of the quality of law application in this field.

The Party's leadership over judicial agencies in general, and the People's Court in particular, is comprehensive and absolute. Strengthening the Party's leadership over the People's Court's trial work does not mean that Party organizations and Party members interfere in the Court's trial activities or decide to accept or not accept petitions. of the litigant or direct the issuance of judgments or decisions to protect the plaintiff or defendant. Party leadership

This is demonstrated by the strict and lawful approach to trial, by the policy of promulgating correct and timely legal norms, and by the direction of innovation, organization and operation of the People's Court. more effectively, the Court's judgments and decisions have increasingly better quality. The Party's guidelines and policies on building a team of judges in the People's Court sector with sufficient quantity, ensuring quality, and enhancing the political bravery and revolutionary consciousness of judges.

3.1.2. Improve the quality of law application associated with building a rule of law state

Resolving land use rights disputes at the People's Court must be associated with the synchronous implementation of the requirements and content of building a socialist rule-of-law State of the people, by the people, for the people. Building a complete legal system aims to improve the quality of law application in the People's Court's judicial activities in general and improve the quality of law application in resolving land use rights disputes in general. Particularly at the People's Court, it is inseparable from the contents of building a socialist rule of law state. One of the requirements of building a socialist rule-of-law state in Vietnam is to have a complete, highly feasible and stable legal system. In the field of land, there also needs to be adequate attention in building new, or supplementing and amending current legal documents to suit the new situation of the country. The quality of law application in the People's Court's judicial activities is closely linked to the quality of other agencies' operations, so for effective judicial reform, our Party and State advocate strengthening the organization. and improve the quality of operations of the Court, Procuracy, Investigation Agency, reform the State administration, and innovate the team of officials and civil servants. All of the above requirements and contents must be implemented synchronously and with appropriate steps.

3.1.3. Innovate the trial work of the People's Court in the direction of expanding democracy, debate at trial, and fully implement procedural principles

Courts are the center of judicial activities, so improving the quality of law application in judicial activities in general and in resolving land use rights disputes in particular at the People's Court is an important step. in the key contents of judicial reform. In the Court's trial activities, the full implementation of the principle of ensuring litigation at trial contributes to improving the quality of resolving cases and ensuring the quality of issuance of judgments and decisions according to the provisions of law. legally. Appreciating and expanding litigation at trial according to the Party's guidelines is also one of the practical contents to implement democracy in applying the law when resolving cases.

3.2. Solutions to improve the quality of law application in resolving land use rights disputes at the People's Court

3.2.1. General solution group

3.2.1.1. Perfecting the law

Resolution No. 48-NQTU, dated May 24, 2005 of the Politburo (term IX) on the strategy for building and perfecting the Vietnamese legal system by 2010 with an orientation to 2020 stated leaks.

In general, our country's legal system is still not synchronized, lacking unity, has low feasibility, and is slow to come to life. The mechanism for developing and amending laws still has many unreasonable issues and has not been fully innovated. The progress of developing ordinances is still slow, the quality of legal documents is not high [1].

The political report of the 10th Party Central Committee at the 11th National Congress of the Party stated: Urgently research and improve the legal system and land policies, ensuring harmony between interests of the House

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