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NA approves amendment of civil procedure law

来源:建广律师事务所     2012-08-14
字号:T|T

Posted by LV on Sunday, July 8, 2012 · Leave a Comment

    The National Assembly approved an amendment to the Law on Civil Procedure on Thursday aiming to address various loopholes related to civil disputes after the previous amendment to the law in 2004.

NA members cast their votes to approve the amendment of the Law on Civil Procedure.

The amendment was approved by a majority vote of the NA members who spent a lot of time discussing the matter to make the law more comprehensive, reflecting the perceived needs of the country.

Despite the previous amendment in 2004, law makers saw the need to amend it again as it is directly related to public life. The amendment is aimed at minimising civil disputes.

About half of the amendment covered new information reflecting socio-economic development, ensuring that the legal proceedings of civil disputes were completed more quickly and that justice was being served.

The amended law now defines more clearly the various types of civil dispute including those related to trade, families and children. It also reviews the role of judges, their assistants and other officials. The aim is to avoid people shifting responsibility from one to the other.

Over the past year, 8,229 cases were submitted to the people’s courts at all levels nationwide, of which 6,861 were new cases. Of the total, 1,368 cases remain unheard.

Civil disputes also cover a high percentage of the total number of cases, which mostly relate to borrowed money and indebtedness.

The Law on Civil Procedure defines the principles, regulations and court procedures for solving civil, commercial and family disputes in a manner consistent with reality, the law and justice.

The aim is to protect the socio-economic regime, the property rights of the state, and the legitimate rights and interests of organisations, enterprises and citizens.

Under the law, civil proceedings must be conducted on the basis that all citizens are equal before the law and the court, irrespective of gender, race, ethnicity, socio-economic status, language, educational level, occupation, beliefs and place of residence.

The people’s courts must create favourable conditions for citizens, in particular for litigants in civil proceedings, to ensure equality and that court proceedings are based on true and objective circumstances.

Since the amendment to the Law on Civil Procedure in 2004, the processing of civil cases has improved. The law has devolved more power to district courts requiring them to issue verdicts on major cases.

Before 2004, a district court could only rule on civil cases seeking 500,000 kip or less. After the amendment of the law in 2004, its authority is extended to include civil cases where the claimant seeks up to 20 million kip.

Source: Vientiane Times
By Times Reporters
(Latest Update July 07, 2012)