Some comments on the principle of judges and people's jurors adjudicate independently and are subject only to the law

Abstract

The principle that Judges and People's Jurors Adjudicate Independently and Are Subject Only to the Law is one of the core principles guiding the judicial ideology of the Vietnamese judiciary, specifically Judges and People's Jurors. In Resolution No.27-NQ/TW dated November 9th, 2022, the 6th Conference of the Central Committee of the Communist Party, term XIII, clearly stated to promote judicial reform, ensuring the independence of courts. Judges and jurors are independent and only obey the Law, which is one of the central goals in building and perfecting the Vietnamese Socialist Rule of Law State in the new period. When perfecting the Law on the organization of people's courts to suit the new economic and social situation of Vietnam, the new Law on the Organization of People's Courts of 2024, effective from January 1st, 2025, at Article 11, has added two new dispositions, in addition to retaining the entire content of Article 9 of the old Law on the Organization of People's Courts of 2014 to strengthen the guarantee for the principle that Judges and People's Jurors solve cases independently and only obey the Law. This article studies this principle primarily based on an analysis of the regulations in the new Law on Organization of People's Courts of 2024, presents some inadequacies and the application of regulations in practice, and also highlights the experience of other countries to serve as a basis for proposals to improve Vietnamese Law on this issue.