TITLE:
AUTHORS:
Mai Kim Han, Nguyen Mong Cam, Nguyen Thi Cam Hong, Nguyen Anh Quoc
DOI: 10.5110/77. 1127 Page: 182-195 Vol: 19 Issue: 03 Year: 2024
ABSTRACT
According to the provisions of the 2013 constitution, the court is the body that exercises judicial power through the function of adjudication. To concretize the content of the constitution, the legal documents have regulations on the jurisdiction of the court to resolve disputes. The 2013 Land Law stipulates that for land disputes, in addition to the court, the people’s committees at all levels also have the jurisdiction to resolve. The draft Land Law amendment is in the direction of abolishing the jurisdiction of the people’s committees to resolve disputes, this agency only has the responsibility to provide relevant documents and materials. Thus, the court is the only body with the jurisdiction to resolve land disputes. This regulation aims to address the difficulties and shortcomings in the land dispute resolution activities in the past. However, the Land Law passed by the national assembly on January 18, 2024 does not have any changes in the jurisdiction of the court and the people’s committees to resolve land disputes. Therefore, it is necessary to have objective assessments on the basis of analyzing the legal regulations and the practical application to contribute to improving the regulations on the jurisdiction of land dispute resolution in accordance with the content of the exercise of judicial power of the court in the current stage.
Keywords:
judicial power, court, 2013 constitution, jurisdiction to resolve land disputes
Received: 28 February 2024
Accepted: 14 March 2024
Published: 23 March 2024
