Asset valuation is also a very complicated and difficult task, requiring many people to participate at the same time, which is a difficult task. In addition to confusion about valuation costs when there is no detailed guidance document, the coordination of specialized agencies in valuation is also an issue that needs to be specifically regulated in litigation.
The Court's commission of investigation and request for expert assessment often waits a long time for a response, sometimes requiring multiple dispatches of urging, and having to wait years for a response.
The work of propagating and disseminating legal education to the people has not been focused on; on the other hand, although the intellectual level of our country in general and in Hanoi in particular has been raised in recent years, it is still low, and people's legal awareness is still limited. The system of legal norms is large in number, issued in many different stages and continuously amended, the documents guiding ADPL are slow and lacking, not meeting the needs of ADPL in practice, leading to different perceptions and ADPL among the Courts.
The Court cannot do everything by itself in investigating, verifying and collecting evidence to prepare for trial. In criminal cases, it can apply measures such as arresting and searching the defendant's residence. For parties in marriage and family cases, it cannot do so. Part of the related work depends on the presentation of evidence or the coordination of other relevant agencies to clarify issues related to the case. Although there are legal documents stipulating the responsibilities of agencies when there are matters related to the Court, in reality, the responsibilities and coordination of agencies when the Court comes to work have not achieved high results, there are still delays. There are evidences of cases and decisions of cases that depend entirely on the results of verification or appraisal. There are other cases when the Court requests
Requesting specialized agencies to carry out a number of tasks such as performing investigation assignments, serving notices, serving decisions, taking statements, verifying issues related to the case... In some cases, the authorized agencies do not actively cooperate, they do not consider this a task prescribed by law but consider it the job of the court, leading to a situation where the work is done carelessly, prolonged, and even the quality of the verification documents and statements is of low value. This is also one of the reasons leading to low quality of case resolution and the situation where cases are dragged out, prolonged, and violate the procedural time limit.
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* Subjective causes:
From the results of the appeal trial and the annual inspection of the case director, it can be seen that ADPL's handling of marriage and family cases in recent years has revealed errors, leading to the first instance judgment being revised or annulled by the appeal and final review courts, due to the following subjective reasons:
- Due to the professional qualifications of Judges, People's Assessors, and Secretaries, the process of ADPL resolving marriage and family cases has not met the requirements of the job. The staff of the court is still small, professional qualifications are still limited, and the effectiveness of ADPL is not high.
Previously, the Court was considered an administrative agency in the state apparatus. There was a period when the organizational work of the district court was managed by the Judicial Department, while the professional work was directed by the higher-level Court. This was also an inadequacy in the arrangement and use of staff at the district court. District-level judges had to handle and adjudicate almost all types of cases, so their specialized skills and information updating did not meet the work requirements. Most of the Court staff were cadres of mass organizations and soldiers who had returned from the army. They were then sent to attend short-term professional courses, both studying and working. The unsystematic training made the legal knowledge of the judges still limited.
Many limitations, ADPL in general and marriage and family cases in particular still follow the method of emotional thinking, not scientific reasoning. Some judges are subjective, work purely based on experience, some others do not uphold the sense of responsibility, lack caution, even carelessness, which is also the cause of errors in the ADPL process.
- When ADPL is applied to marriage and family cases at the first instance trial level, the People's Jury is an indispensable subject to ensure objective and lawful trial. When participating in the trial, the People's Jury is equal in power to the Judge, and when deliberating, votes by majority vote.
Although the law grants such rights to the People's Jurors, in reality, the legal knowledge of the People's Jurors is still limited. A few People's Jurors are trained at the Law University, while most of them have professional qualifications in different fields. Through each term of election of the People's Jurors, the Court directly develops a training program on legal knowledge, but there are still limitations in legal knowledge, teaching methods, and short training time. When participating in trials, some People's Jurors do not invest much time in studying the case files, do not fully understand the details of the case, so when sitting in court, the People's Jurors rarely ask the litigants but almost leave it to the presiding Judge to conduct and ask questions throughout the entire case. Thus, the intellectual capacity of the Trial Panel has not been highly concentrated for the People's Jurors to resolve the case. Due to the low quality of the People's Jurors, the results of the People's Jurors at the trial of marriage and family cases are also affected to a certain extent.
- In addition to the above reasons, there are other reasons affecting the effectiveness of ADPL, such as poor policy planning and development of the People's Court sector, poor management and use of staff, lack of timely regular inspections and correction of professional errors, need for regular professional training and creating conditions for full and timely grasp of documents.
guide and direct professional work for officials and judges. In the spirit of Resolution 08/NQ-TW dated January 2, 2002, it is necessary to further promote judicial reform, direct innovation in methods and ways of handling marriage and family cases, improve the professional skills of People's Jurors, Judges, and secretaries; train and educate to improve the political qualities of court officials, arrange work suitable to the capacity of each official, creating profound changes in ideology and awareness for officials and judges of the courts.
To minimize ADPL errors in resolving marriage and family cases, it is necessary to thoroughly overcome the basic causes mentioned above.
Chapter 2 Conclusion
Through studying the current status of ADPL in resolving marriage and family cases of the People's Court in Hanoi, the author analyzed the natural, economic - social characteristics, and organizational structure in recent years of Hanoi that have affected ADPL in resolving marriage and family cases. At the same time, he analyzed and evaluated the advantages and limitations and drew out the objective and subjective causes of those limitations, thereby providing the basis for proposing specific solutions in chapter 3.
Chapter 3
SOLUTIONS AND RECOMMENDATIONS TO IMPROVE THE EFFECTIVENESS OF APPLYING THE LAW IN RESOLVING MARRIAGE AND FAMILY CASES OF THE PEOPLE'S COURT IN HANOI CITY
3.1. Requirements for improving the effectiveness of law enforcement in resolving marriage and family cases of the People's Court in Hanoi city
3.1.1. Improving the efficiency in resolving Marriage and Family cases must meet the requirements of judicial reform.
The Platform for National Construction in the Transitional Period to Socialism (supplemented and developed in 2011) and the Resolution of the 11th Party Congress clearly defined the goal of building a Vietnamese socialist rule-of-law state of the people, by the people, and for the people. All the goals and reform strategies set forth ultimately aim at building our country into a prosperous people, strong country, democratic, fair, and civilized one. The activities of judicial agencies also aim to protect the legitimate rights and interests of the people, to be the people's support in protecting justice and human rights, and at the same time, to be an effective tool to protect the law and socialist legal system. The requirements of a rule-of-law state require the responsibility of the State in respecting and protecting the legitimate rights and interests of all agencies, organizations, and individuals, and at the same time require all individuals, agencies, and organizations to respect and comply with the law. Thus, the prosecuting agencies, the litigants and the parties involved in civil procedural legal relations have rights but must also comply with their obligations and responsibilities as prescribed by law.
On the basis of the Party's innovation policy on building a rule-of-law state
In addition, our Party has also proposed many policies on judicial reform. Resolution No. 08-NQ/TW dated January 2, 2002 of the Politburo on a number of key tasks of judicial work in the coming time has clearly identified:
When adjudicating, the Courts must ensure that all citizens are equal before the law, truly democratic and objective, that judges and people's assessors are independent and only obey the law; the Court's decision must be based primarily on the results of the debate at the trial, on the basis of comprehensive consideration of evidence and opinions of the Prosecutor, the defense attorney, the defendant, witnesses, the plaintiff, the defendant and those with legitimate rights and interests to issue legally correct and convincing judgments and decisions within the time limit prescribed by law [11].
Based on the results of implementing Resolution No. 08-NQ/TW, dated June 2, 2005, the Politburo issued Resolution No. 49-NQ/TW on Judicial Reform Strategy to 2020. The Resolution clearly states that:
Innovate the organization of trials, more clearly define the position, authority and responsibility of the litigant and the participants in the proceedings in the direction of ensuring publicity, democracy and strictness, improving the quality of debate at trials, considering this a breakthrough in judicial activities [13].
Thus, improving civil efficiency in general and in resolving marriage and family cases in Hanoi in particular must thoroughly grasp the Party's judicial reform policies mentioned above.
3.1.2 Requirements for the Court in resolving Marriage and Family cases
ADPL in general and ADPL in resolving Marriage and Family cases in particular is a complex activity, because it must be carried out
Through the stages of legal proceedings, the People's Court represents the will of the State to apply legal norms to regulate disputes in marital relations, protecting the rights and legitimate interests of the parties. The ADPL process to resolve marriage and family cases of the Courts in general and the People's Court in Hanoi city in particular must ensure the following requirements:
* For investigation and evidence collection activities:
To ensure the settlement of Marriage and Family cases is accurate, complete and quick, when accepting and investigating, the Court must clearly identify the following issues:
- Determine the legal relationships in disputed marriages between the parties.
- When investigating a case, the Judge must have a firm grasp of legal knowledge about the content and procedural law so that ADPL in the stages of resolving a Marriage and Family case, the Judge directs the investigation activities to the issues that need to be resolved in the case and correctly identifies the legal relationships in dispute between the parties, such as in a divorce case, it is necessary to identify the relationship regarding marital status, common property and separate property, common children or disputes over recognition of parents for children; disputes over changing the person directly raising children after divorce; disputes over child support, etc.
Legal relations in dispute in Marriage and Family are usually determined from the request of the parties and depending on each case, the Judge needs to clearly determine the legal relations in dispute in marriage, at the same time help the parties with legal knowledge so that they can propose requests and state their wishes in accordance with the provisions of the law. Only then, when resolving the case, it will be thorough, comprehensive, protecting the legitimate rights of the parties.
In a Marriage and Family case, it is necessary to fully and correctly identify the qualifications of the participants in the proceedings, such as the plaintiff, defendant, and interested parties.
related obligations, representatives... Fully identifying the parties in the case to ensure that they have the rights stipulated in the proceedings, such as the plaintiff and defendant have the right to participate in valuation, the right to participate in mediation, present evidence, invite lawyers, appeal the judgment... The implementation of these rights is necessary for the parties to be able to protect their legitimate rights and for the Court to resolve the Marriage and Family case accurately. Therefore, failing to summon any person with related rights and obligations to participate in the proceedings or failing to ensure that they exercise their procedural rights as mentioned above is a violation of the rights of the parties and can easily lead to inaccurate judgments and decisions.
Identify the issues that need to be proven, orient the investigation, the investigation method to focus on key points, basic issues, which issues need to be investigated first, which issues need to be investigated later, the method of taking statements, the method of confrontation... Therefore, the Judge, based on the provisions of the law on the content of each specific type of case, determines the related issues that need to be proven.
To determine the above issues, the Court needs to pay attention to ensuring that the parties have equal rights in proposing requests and providing evidence, knowing the evidence presented by other parties, knowing the request for the Court to apply temporary emergency measures... Therefore, when determining the content and investigation plan in each case, the Judge must carefully study the plaintiff's petitions, and during the investigation process, must promptly add directions to the plan, based on the requests and evidence proposed by the parties.
* Select legal regulations to resolve the case:
The choice of legal norm is very important in ADPL activities in resolving Marriage and Family cases, because it is the legal basis.