For two reasons: First, according to the Party's policy, there will be no district-level courts and prosecutors, but instead regional courts and prosecutors that are not attached to specific administrative units. Therefore, there will be no People's Councils at the same level to exercise the right to question. Second, the Constitution does not stipulate the authority to question, but People's Council delegates can still exercise the right to supervise and have the right to make recommendations to agencies and organizations.
Some delegates disagreed with the proposal and explanation of the Drafting Committee. Because although the courts and regional prosecutors are not attached to specific administrative units, these agencies still prosecute, indict, and try citizens there. These administrative units have People's Council delegates as representatives. Without the right to question, it is difficult for the People's Council delegates to request the Chief Justice and the Chief Prosecutor to appear before the session to answer each issue and have a public dialogue with the delegates and voters. Removing this right to question also makes it difficult to enforce judgments in cases where the court's judgments and decisions are unclear.
On the other hand, the platform for national construction in the transition period to socialism affirms the principle of controlling state power. Resolution 27 of the Central Committee emphasizes that the exercise of state power must be under the supervision of the people. Therefore, amending the Constitution must create better conditions for people to participate more actively in supervising the exercise of state power. Meanwhile, questioning is an important monitoring tool to ensure that state agencies are accountable to the representatives of the people and the people. Therefore, maintaining the right to question is necessary to ensure publicity, transparency and responsibility in judicial activities.
The people and voters agree with the above objections. Because if the right to question is removed, the courts and regional prosecutors will be the only judicial agencies in our country that are not subject to supervision in the form of questioning by people's council representatives. Because if so, when people are wronged, they will not know who to turn to to protect their rights. If we think that there is no need for questioning, we equate the forms of supervision, while they have different meanings, roles and legal effects. Supervision and the right to petition absolutely cannot replace the right to question, which is a form of direct and public supervision, requiring direct answers and responsibility for the answers.
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