Orientation to improve legal provisions on ensuring litigants' procedural rights in civil procedures in Vietnam

Abstract

Ensuring litigants' procedural rights in civil procedures is approached by legal researchers from many different perspectives. The article studies and clarifies their points of view to establish a general concept for ensuring the procedural rights of litigants in civil proceedings. Based on the criteria and requirements in such concept, the author proposes orientations for the improvement of law on that issue such as: Fully recognize of the basic procedural rights of each litigant and at the same time establish and ensure the fulfillment of the corresponding obligations of the others; establish a support mechanism to implement litigant's right through the attendance of the representatives and the guardians of the rights and interests of the litigants; prescribe the Court and the Procuracy’s duties, rights and responsibilities in ensuring the implementation of the procedural right of the litigants; and establish necessary sanctions to handle violations of procedural rights of litigants.