Giám đốc Công ty Luật TNHH Devinci Pacific, ông Nguyễn Đức Hiếu đã nêu ý kiến về vấn đề tạo đột phá mới cho sự phát triển của đất nước gửi Hội nghị Trung ương 6, được đăng trên Thông Tấn Xã Việt Nam. Ông là chuyên gia uy tín lâu năm với trình độ cao trong lĩnh vực pháp lý. Sau đây, chúng tôi xin trích dẫn lại toàn bộ bài viết.
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Consistent with the principle that all State power belongs to the people
Appreciating the results of the 6th Central Conference, Master Nguyen Duc Hieu, Ho Chi Minh City University of Law said that the Conference agreed to issue a Resolution on building a socialist rule of law state, in which the content of the Resolution has 5 major ideas, all of which are very important.
According to Mr. Nguyen Duc Hieu, consistently implement the principle that all state power belongs to the people, promote the people's right to mastery in the socialist rule of law state of Vietnam; State power is unified, there is a clear division, close coordination and effective control among state agencies in the exercise of legislative, executive, judicial and human supervision. people, under the leadership of the Party, and ensuring the observance of the Constitution and the law are urgent issues that need immediate attention and implementation.
As an expert in the field of administrative-state law, Master Nguyen Duc Hieu proposed some specific solutions to further enhance the efficiency of construction work. The rule of law socialist in the new situation, which emphasizes the solution that the competent authorities need to focus on perfecting the power control mechanism, raising the level of the court (which is the agency that protects the law and justice) ) in the new era and build local government associated with the rule of law.
According to Master Nguyen Duc HieuThe 2013 Constitution stipulates that the legislative, executive and judicial powers control each other in the exercise of state power, but only attach importance to the control of the legislative power over the executive and the judiciary through the supreme supervision of the National Assembly and the supervision of the agencies of the National Assembly. The mechanism of supervision and social criticism of the Fatherland Front and socio-political organizations at all levels is not substantive, but has a formal manifestation.
In particular, the role of the court (judiciary) in implementing the supervisory role has not been fully promoted. One manifestation is that at all levels of local government, many leaders of executive agencies have not attached importance to law protection activities of the courts in participating in and serving administrative judgments. This needs to be changed, especially with the introduction of specific sanctions, such as disciplinary liability for executive branch leaders who fail to comply with administrative court decisions.
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Local governments need to further promote publicity, transparency, accountability for their decisions, especially the responsibility of the head; create more conditions for supervisory agencies at the same level to exercise their strength; create forums for people to promote democracy and access information to monitor and criticize local leadership activities.
Master Nguyen Duc Hieu emphasized that one of the measures to be taken immediately is to quickly improve the organization of local anti-corruption agencies, combined with the improvement of legal provisions, and strengthening of sanctions (such as fines and penalties). discipline, criminal sanctions) focus on local government levels to create breakthroughs for this level of government, contributing to the development of the country./.
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