Pub Date : 2023-09-29DOI: 10.25073/2588-1167/vnuls.4531
Nguyen Anh Hoang
Building an independent judiciary is the goal of all nations today. The independence principle of the Court has been acknowledged in the first Constitution of Vietnam and has been continuously improved in all successive constitutions. The article focuses on discussing: (i) Primary issues of the independence principle of the Court in adjudication; (ii) Legal provisions on ensuring the independence of the Court in adjudication in accordance with national and international law; (iii) Practical issues of ensuring the independence of the Court in adjudication in Vietnam. Finally, the author makes several recommendations to ensure the independence of the Court in adjudication according to the Vietnamese Criminal Procedure Law.
{"title":"Ensuring the Principle of Independence of the Court in Adjudication under Vietnamese Criminal Procedure Law: A Mechanism to Ensure the Right to a Fair Trial","authors":"Nguyen Anh Hoang","doi":"10.25073/2588-1167/vnuls.4531","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4531","url":null,"abstract":"Building an independent judiciary is the goal of all nations today. The independence principle of the Court has been acknowledged in the first Constitution of Vietnam and has been continuously improved in all successive constitutions. The article focuses on discussing: (i) Primary issues of the independence principle of the Court in adjudication; (ii) Legal provisions on ensuring the independence of the Court in adjudication in accordance with national and international law; (iii) Practical issues of ensuring the independence of the Court in adjudication in Vietnam. Finally, the author makes several recommendations to ensure the independence of the Court in adjudication according to the Vietnamese Criminal Procedure Law.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135246140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-29DOI: 10.25073/2588-1167/vnuls.4551
Nguyen Minh Tuan
The Criminal Code of the Le dynasty is one of the typical legal cultural heritages of Vietnam. Many progressive values can be found in this Code to be inherited. In this article, the author points out the technical and content innovations of this Code in comparison with the Codes of Ly-Tran dynasties or Chinese law. Then, at the conclusion part, the author suggests some learned lessons relating to the values of this Code for the legislation in Vietnam today to continue to inherit
{"title":"Legislative Values in the Le Dynasty's Criminal Code","authors":"Nguyen Minh Tuan","doi":"10.25073/2588-1167/vnuls.4551","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4551","url":null,"abstract":"The Criminal Code of the Le dynasty is one of the typical legal cultural heritages of Vietnam. Many progressive values can be found in this Code to be inherited. In this article, the author points out the technical and content innovations of this Code in comparison with the Codes of Ly-Tran dynasties or Chinese law. Then, at the conclusion part, the author suggests some learned lessons relating to the values of this Code for the legislation in Vietnam today to continue to inherit","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135247480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-29DOI: 10.25073/2588-1167/vnuls.4503
Vu Dinh Hoang
Criminalization is a part of criminal justice policy and one of the most important and frequently-used legislative methods in criminal law. It creates a legal basis for combating crimes and ensures the effectiveness of the Criminal Code. Identifying the legislative techniques of criminalization in the Criminal Code 2015 is essential to minimize shortcomings in the implementation process of this legislative activity.
{"title":"Identifying the Legislative Techniques of Criminalization in the Criminal Code 2015 and some Recommendations","authors":"Vu Dinh Hoang","doi":"10.25073/2588-1167/vnuls.4503","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4503","url":null,"abstract":"Criminalization is a part of criminal justice policy and one of the most important and frequently-used legislative methods in criminal law. It creates a legal basis for combating crimes and ensures the effectiveness of the Criminal Code. Identifying the legislative techniques of criminalization in the Criminal Code 2015 is essential to minimize shortcomings in the implementation process of this legislative activity.
 
 
 
","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135247477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-29DOI: 10.25073/2588-1167/vnuls.4515
Do Giang Nam
Theories of limitations on ownership rights are one of the foremost issues of property law. However, there is a lack of systematic and comprehensive studies on theoretical issues regarding the limitations of ownership rights in Vietnam, especially the issue of the social function of property law. This article aims to fill in this gap by systematically identifying and analyzing several prominent theoretical issues in limitations on ownership rights. Specifically, the article focuses on discussing: i) the new ideas of the qualitative duty/ qualitative obligation; ii) the principle of prohibiting the abuse of rights and the law of nuisance; iii) the need for external limitations on the right to exclude to balance the need for protection of other human rights; iv) the need to reform the traditional rule of limitations on ownership rights to meet the millennium goals of sustainable development.
{"title":"Limitations on Ownership Rights: From Traditional Approach to Modern Trends","authors":"Do Giang Nam","doi":"10.25073/2588-1167/vnuls.4515","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4515","url":null,"abstract":"Theories of limitations on ownership rights are one of the foremost issues of property law. However, there is a lack of systematic and comprehensive studies on theoretical issues regarding the limitations of ownership rights in Vietnam, especially the issue of the social function of property law. This article aims to fill in this gap by systematically identifying and analyzing several prominent theoretical issues in limitations on ownership rights. Specifically, the article focuses on discussing: i) the new ideas of the qualitative duty/ qualitative obligation; ii) the principle of prohibiting the abuse of rights and the law of nuisance; iii) the need for external limitations on the right to exclude to balance the need for protection of other human rights; iv) the need to reform the traditional rule of limitations on ownership rights to meet the millennium goals of sustainable development.
 
 
","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135246144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-28DOI: 10.25073/2588-1167/vnuls.4480
N. V. Quan, Vu Thanh Cu
The interplay of legal systems has existed for thousands of years. In the contemporary context, globalization promotes interaction between legal systems. Legal comparatists have long developed the “legal transplant” theory to investigate foreign legal borrowing cases. However, scholars have not looked into this phenomenon in Vietnam thoroughly. The article introduces the theoretical framework of legal transplant. It then considers the practice of legal transplant in Vietnam in several legal fields to point out the decisive factors of the success or failure of the legal transplant.
{"title":"Legal Transplant in Vietnam","authors":"N. V. Quan, Vu Thanh Cu","doi":"10.25073/2588-1167/vnuls.4480","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4480","url":null,"abstract":"The interplay of legal systems has existed for thousands of years. In the contemporary context, globalization promotes interaction between legal systems. Legal comparatists have long developed the “legal transplant” theory to investigate foreign legal borrowing cases. However, scholars have not looked into this phenomenon in Vietnam thoroughly. The article introduces the theoretical framework of legal transplant. It then considers the practice of legal transplant in Vietnam in several legal fields to point out the decisive factors of the success or failure of the legal transplant. \u0000 \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129107693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-28DOI: 10.25073/2588-1167/vnuls.4529
L. Huong, V. Giao
Vietnam has been implementing its strategy of building the rule-of-law state in a socialist regime whilst assuming its obligations and duties under international law to respect, protect and fulfil human rights as a signatory of international treaties. This article analyzes the relationship between the rule-of-law state and human rights from the perspectives of the United Nations and the Communist Party of Vietnam. It also provides an overview of the process of building a socialist rule-of-law state in Vietnam since Doi Moi (Renovation 1986) up to now, with the turning point of the promulgation of the Resolution 27-NQ/TW on continuing to build and improve the socialist rule-of-law state in Vietnam in the new period. On that basis, the authors make recommendations for strengthening the protection and assurance of human rights and citizens’ rights generally, and with a particular look at the right to freedom of peaceful assembly, with the aim of meeting the requirements of building and improving the socialist rule-of-law state in Vietnam in the coming years.
{"title":"Respect, Protection and Guarantee of Human Rights in Building and Improving the Socialist Rule-of-Law State of Vietnam in the New Period","authors":"L. Huong, V. Giao","doi":"10.25073/2588-1167/vnuls.4529","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4529","url":null,"abstract":"Vietnam has been implementing its strategy of building the rule-of-law state in a socialist regime whilst assuming its obligations and duties under international law to respect, protect and fulfil human rights as a signatory of international treaties. This article analyzes the relationship between the rule-of-law state and human rights from the perspectives of the United Nations and the Communist Party of Vietnam. It also provides an overview of the process of building a socialist rule-of-law state in Vietnam since Doi Moi (Renovation 1986) up to now, with the turning point of the promulgation of the Resolution 27-NQ/TW on continuing to build and improve the socialist rule-of-law state in Vietnam in the new period. On that basis, the authors make recommendations for strengthening the protection and assurance of human rights and citizens’ rights generally, and with a particular look at the right to freedom of peaceful assembly, with the aim of meeting the requirements of building and improving the socialist rule-of-law state in Vietnam in the coming years. \u0000 \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126295738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-28DOI: 10.25073/2588-1167/vnuls.4526
M. Thắng
This article identifies the characteristics of Vietnamese law on human security for prisoners, and clarifies achievements as well as challenges of this legal field in the context of international integration. Based on these analyses, the authors propose some suggestions and recommendations for the improvement of this legal field to meet the requirements of ensuring human security for prisoners in Vietnam in the new context.
{"title":"Vietnamese Law on Human Security for Prisoners in the Context of International Integration and Recommendations","authors":"M. Thắng","doi":"10.25073/2588-1167/vnuls.4526","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4526","url":null,"abstract":"This article identifies the characteristics of Vietnamese law on human security for prisoners, and clarifies achievements as well as challenges of this legal field in the context of international integration. Based on these analyses, the authors propose some suggestions and recommendations for the improvement of this legal field to meet the requirements of ensuring human security for prisoners in Vietnam in the new context. \u0000 \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123248880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-28DOI: 10.25073/2588-1167/vnuls.4560
Trinh Quoc Toan
This article presents a comparative study on a number of issues concerning corporate criminal liability in the criminal laws of Cambodia, Laos, and Vietnam such as legal persons that are the subject of offences and the subject of criminal liability; the scope of corporate criminal offences; elements of corporate criminal law; models of corporate criminal liability; punishments. On the basis of comparative research, the article draws some conclusions and proposes several recommendations to improve the provisions on corporate criminal liability in the current Vietnamese criminal law.
{"title":"Comparative Study of the Provisions on Criminal Liability of Legal Entities in the Criminal Laws of Cambodia, Laos and Vietnam","authors":"Trinh Quoc Toan","doi":"10.25073/2588-1167/vnuls.4560","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4560","url":null,"abstract":"This article presents a comparative study on a number of issues concerning corporate criminal liability in the criminal laws of Cambodia, Laos, and Vietnam such as legal persons that are the subject of offences and the subject of criminal liability; the scope of corporate criminal offences; elements of corporate criminal law; models of corporate criminal liability; punishments. On the basis of comparative research, the article draws some conclusions and proposes several recommendations to improve the provisions on corporate criminal liability in the current Vietnamese criminal law.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115786669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-28DOI: 10.25073/2588-1167/vnuls.4552
Le Thi Phuong Nga
This article analyses the basic concepts of the sociology of legal implementation, the interaction of social factors and legal factors on the legal implementation of individuals and organizations. The article also emphasises the need to inherit, supplement and develop the traditional theory of law implementation. On that basis, the authors analyse the role and development orientation of the sociology of legal implementation in order to provide theoretical and empirical studies and propose solutions to ensure the effectiveness of legal implementation in practice.
{"title":"Sociology of Legal Implementation","authors":"Le Thi Phuong Nga","doi":"10.25073/2588-1167/vnuls.4552","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4552","url":null,"abstract":"This article analyses the basic concepts of the sociology of legal implementation, the interaction of social factors and legal factors on the legal implementation of individuals and organizations. The article also emphasises the need to inherit, supplement and develop the traditional theory of law implementation. On that basis, the authors analyse the role and development orientation of the sociology of legal implementation in order to provide theoretical and empirical studies and propose solutions to ensure the effectiveness of legal implementation in practice. \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129443601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-28DOI: 10.25073/2588-1167/vnuls.4553
Trinh Duc Hieu
Vietnamese Criminal Law stipulates the criminal liability exclusion, which is important to distinguish between non-criminal cases where criminal liability is excluded and criminal cases where criminal liability is applicable. Hence, in order to raise legal scholarly understanding, as well as to contribute to the fight against crime, respect and protect human rights, the article continues to clarify the concept, nature, and characteristics of the criminal liability exclusion, and assess the current provisions of the 2015 Criminal Code on cases where criminal liability is excluded. Finally, the author proposes recommendations for the law reform regarding criminal liability exclusion.
{"title":"Criminal Liability Exclusion: Theory, Current Legal Framework of the Criminal Code 2015 and Recommendations for Law Reform","authors":"Trinh Duc Hieu","doi":"10.25073/2588-1167/vnuls.4553","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4553","url":null,"abstract":"Vietnamese Criminal Law stipulates the criminal liability exclusion, which is important to distinguish between non-criminal cases where criminal liability is excluded and criminal cases where criminal liability is applicable. Hence, in order to raise legal scholarly understanding, as well as to contribute to the fight against crime, respect and protect human rights, the article continues to clarify the concept, nature, and characteristics of the criminal liability exclusion, and assess the current provisions of the 2015 Criminal Code on cases where criminal liability is excluded. Finally, the author proposes recommendations for the law reform regarding criminal liability exclusion. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128354545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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