Pub Date : 2022-03-30DOI: 10.25073/2588-1167/vnuls.4418
Zhu Yiang
In the era of advanced medical technology and frequent international exchanges, reproductive tourism is on the rise, the problems it poses have attracted the attention of countries. Taking China, Vietnam, and Russia as research samples, the article points out the differences laws on surrogacy create opportunities for intending parents to circumvent domestic law. The recognition of parental rights of prospective parents, according to the best interests of children, makes it even less worrying. From the perspective of fundamental rights, the article argues that surrogacy is the only means of realizing reproduction for people suffering from uterine diseases. 'External tolerance' will intensify the conflicts between the rich and the poor and lead to high costs of unidentified evidence collection. That is why prior supervision is necessary. The author proposes that legislation should explicitly allow limited surrogacy and regulate the conditions and parenthood so that it can apply under control. At the international level, China, Vietnam, and Russia face the common problem of surrogate children's rights. Based on the accumulation of multilateral or bilateral treaties, they should actively participate in and promote the process of global conventions based on common concerns while paying attention to the progress of HCCH
{"title":"Legal Regulation of Cross-border Surrogacy: A Comparison Based on China, Vietnam, and Russia","authors":"Zhu Yiang","doi":"10.25073/2588-1167/vnuls.4418","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4418","url":null,"abstract":" In the era of advanced medical technology and frequent international exchanges, reproductive tourism is on the rise, the problems it poses have attracted the attention of countries. Taking China, Vietnam, and Russia as research samples, the article points out the differences laws on surrogacy create opportunities for intending parents to circumvent domestic law. The recognition of parental rights of prospective parents, according to the best interests of children, makes it even less worrying. From the perspective of fundamental rights, the article argues that surrogacy is the only means of realizing reproduction for people suffering from uterine diseases. 'External tolerance' will intensify the conflicts between the rich and the poor and lead to high costs of unidentified evidence collection. That is why prior supervision is necessary. The author proposes that legislation should explicitly allow limited surrogacy and regulate the conditions and parenthood so that it can apply under control. At the international level, China, Vietnam, and Russia face the common problem of surrogate children's rights. Based on the accumulation of multilateral or bilateral treaties, they should actively participate in and promote the process of global conventions based on common concerns while paying attention to the progress of HCCH \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"327 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115958598","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 : 2022-03-30DOI: 10.25073/2588-1167/vnuls.4429
Z. Liying, Duan Jiabao
Data exit brings new growth and opportunities for the development of digital trade in various countries, but without regulation, it may damage national security interests. Therefore, it is necessary to study the review rules of data exit, which is of great significance to maintain national security and ensure the development of digital trade. Therefore, under the legal basis provided by the Cybersecurity Law and the Data Security Law, China actively explored and formulated specific rules for data exit assessment, and published the Measures for Data Exit Security Assessment (Draft for comments) (hereinafter “the Measures”) in October 2021. The Measures is undoubtedly a beneficial attempt to protect national security and realize the orderly exit of data. It has made a significant breakthrough in relevant rules. However, there are still some rules to be improved. In terms of such rules in other territories, the United States and the European Union have adopted data exit review mechanisms with different value orientations, which have their own advantages and characteristics, can provide references for China to improve data exit security review rules.
{"title":"Analysis of Data Exit Security Review under the Background of Digital Trade: with Comments on the Chinese Measures for Data Exit Security Assessment (Draft for comments)","authors":"Z. Liying, Duan Jiabao","doi":"10.25073/2588-1167/vnuls.4429","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4429","url":null,"abstract":"Data exit brings new growth and opportunities for the development of digital trade in various countries, but without regulation, it may damage national security interests. Therefore, it is necessary to study the review rules of data exit, which is of great significance to maintain national security and ensure the development of digital trade. Therefore, under the legal basis provided by the Cybersecurity Law and the Data Security Law, China actively explored and formulated specific rules for data exit assessment, and published the Measures for Data Exit Security Assessment (Draft for comments) (hereinafter “the Measures”) in October 2021. The Measures is undoubtedly a beneficial attempt to protect national security and realize the orderly exit of data. It has made a significant breakthrough in relevant rules. However, there are still some rules to be improved. In terms of such rules in other territories, the United States and the European Union have adopted data exit review mechanisms with different value orientations, which have their own advantages and characteristics, can provide references for China to improve data exit security review rules.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114604510","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 : 2022-03-30DOI: 10.25073/2588-1167/vnuls.4425
Le Ngoc Mai
In recent years, China's economy has made impressive leaps. The success of China is based on many factors, of which foreign investment is an important factor. Famous as the world's factory, China is a country with great potential to attract investment. In 2020, China was one of the five largest FDI recipients in the world. With reported inflows reaching an all-time high, China continued to be the second-largest FDI recipient after the United States [1]. FDI growth in China continued in 2020, with an increase of 6% to $149 billion, reflecting the country’s success in containing the pandemic and its rapid GDP recovery. The growth was driven by technology-related industries, e-commerce and research and development [2]. These results are due to the process of adjusting laws to be compatible with each stage of the country's development, which are experiences that Vietnam should learn from. In this article, I will clarify the changes in foreign investment policy and law that China has made over the years and propose lessons learned for Vietnam.
{"title":"The Adjustment of China’s Foreign Investment Policy and Law - Lessons for Vietnam","authors":"Le Ngoc Mai","doi":"10.25073/2588-1167/vnuls.4425","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4425","url":null,"abstract":"In recent years, China's economy has made impressive leaps. The success of China is based on many factors, of which foreign investment is an important factor. Famous as the world's factory, China is a country with great potential to attract investment. In 2020, China was one of the five largest FDI recipients in the world. With reported inflows reaching an all-time high, China continued to be the second-largest FDI recipient after the United States [1]. FDI growth in China continued in 2020, with an increase of 6% to $149 billion, reflecting the country’s success in containing the pandemic and its rapid GDP recovery. The growth was driven by technology-related industries, e-commerce and research and development [2]. These results are due to the process of adjusting laws to be compatible with each stage of the country's development, which are experiences that Vietnam should learn from. In this article, I will clarify the changes in foreign investment policy and law that China has made over the years and propose lessons learned for Vietnam.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121653812","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 : 2022-03-30DOI: 10.25073/2588-1167/vnuls.4432
Trinh Tien Viet
The Renovation (Đổi Mới) of the country since 1986 has created many opportunities and challenges for Vietnamese jurisprudence, including assessing the development of legal research. Recognizing the importance of this issue, over the past time, many agencies, organizations and researchers have summarized the achievements, limitations, and development orientations in the field of jurisprudence. However, there has not been much research into each branch of law, including Vietnamese criminal law. Therefore, with the historical approach and the method of analysis and synthesis, on the basis of studying the main points in academic works, which are monographs and doctoral theses in jurisprudence, the article focuses on elucidating research achievements through each group of core scientific issues. Thereby the article identifies research gaps and proposes development orientations of Vietnamese criminal law in the futuree.
{"title":"A Review of Theoretical Research on Vietnamese Criminal Law since 1986 and Future Orientations","authors":"Trinh Tien Viet","doi":"10.25073/2588-1167/vnuls.4432","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4432","url":null,"abstract":"The Renovation (Đổi Mới) of the country since 1986 has created many opportunities and challenges for Vietnamese jurisprudence, including assessing the development of legal research. Recognizing the importance of this issue, over the past time, many agencies, organizations and researchers have summarized the achievements, limitations, and development orientations in the field of jurisprudence. However, there has not been much research into each branch of law, including Vietnamese criminal law. Therefore, with the historical approach and the method of analysis and synthesis, on the basis of studying the main points in academic works, which are monographs and doctoral theses in jurisprudence, the article focuses on elucidating research achievements through each group of core scientific issues. Thereby the article identifies research gaps and proposes development orientations of Vietnamese criminal law in the futuree.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132219232","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 : 2022-03-30DOI: 10.25073/2588-1167/vnuls.4311
T. Hieu
A prior notification process significantly contributes to the ex-ante merger review. Being familiar with many legal systems, Vietnam has led to the compulsory notification process since the first version of competition law. The Vietnamese Competition Law 2018 still keeps this legal mechanism and also sets up the new notification requirements, which help the merger review process to be more effective. Therefore, other countries’ experience is helpful for the ongoing Vietnamese progress on merger regulation improvements. In particular, the article suggests that the stage of early consultation that has been popular in Japan and the EU can be lessons for Vietnam.
{"title":"Prior Notification Process Under Merger Regulation: A Comparative Perspective between Vietnam and Several Countries","authors":"T. Hieu","doi":"10.25073/2588-1167/vnuls.4311","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4311","url":null,"abstract":"A prior notification process significantly contributes to the ex-ante merger review. Being familiar with many legal systems, Vietnam has led to the compulsory notification process since the first version of competition law. The Vietnamese Competition Law 2018 still keeps this legal mechanism and also sets up the new notification requirements, which help the merger review process to be more effective. Therefore, other countries’ experience is helpful for the ongoing Vietnamese progress on merger regulation improvements. In particular, the article suggests that the stage of early consultation that has been popular in Japan and the EU can be lessons for Vietnam. \u0000 \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127378163","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 : 2022-03-30DOI: 10.25073/2588-1167/vnuls.4412
V. Kapitsyn
The Soviet project reflects the cultural, historical, economic, and ethnonational resources of non-Western modernization. The Marxist Party of the USSR controlled power by building an ideological and political-managerial vertical that connected Soviets, party, trade union, and other public associations, the press, enterprises, settlements, the army, schools, families, all generations of society, and art. “Perestroika” destroyed the ideological and political “core” of the soviet system (repeal of Article 6 of the Constitution). The separation of powers replaced the system of the Soviets. The Russian state has lost its political ideology, significantly weakened its security agencies and army, and lost a significant part of its economic potential. China and Vietnam took into account the costs of Soviet reforms, drew the appropriate conclusions and took a different political path, which Russian researchers have yet to study. Later, after 2000, new political reforms began in Russia, which made it possible to move on to the creation of the ideological and political "core" of the new state. Under Vladimir Putin, the institute of the presidency really formed such a political “core” that would help to gradually move along the path of consolidating the political system and society, solve national security issues, and revive the economy and the system of educating young people. Amendments to the Constitution Russia in 2020 summed up a certain result of the formation of a strong state.
{"title":"Dialectics of Tradition and Modernization in the Constitutional Development of Russia","authors":"V. Kapitsyn","doi":"10.25073/2588-1167/vnuls.4412","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4412","url":null,"abstract":"The Soviet project reflects the cultural, historical, economic, and ethnonational resources of non-Western modernization. The Marxist Party of the USSR controlled power by building an ideological and political-managerial vertical that connected Soviets, party, trade union, and other public associations, the press, enterprises, settlements, the army, schools, families, all generations of society, and art. “Perestroika” destroyed the ideological and political “core” of the soviet system (repeal of Article 6 of the Constitution). The separation of powers replaced the system of the Soviets. The Russian state has lost its political ideology, significantly weakened its security agencies and army, and lost a significant part of its economic potential. China and Vietnam took into account the costs of Soviet reforms, drew the appropriate conclusions and took a different political path, which Russian researchers have yet to study. Later, after 2000, new political reforms began in Russia, which made it possible to move on to the creation of the ideological and political \"core\" of the new state. Under Vladimir Putin, the institute of the presidency really formed such a political “core” that would help to gradually move along the path of consolidating the political system and society, solve national security issues, and revive the economy and the system of educating young people. Amendments to the Constitution Russia in 2020 summed up a certain result of the formation of a strong state.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132098282","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 : 2022-01-14DOI: 10.25073/2588-1167/vnuls.4404
Nguyen Ngoc Chi, Bui Thu Huong
Handling physical evidence is one of the criminal procedural activities, conducted by state bodies, during the process to resolve criminal cases. This activity requires the objectivity and fairness in the process of handling crimes, and the protection of legitimate rights and interests of relevant individuals and organizations; therefore, it contributes to the stability of the society and the development of the economy. Thus, a system of legal provisions on handling physical evidence have been developed to ensure the role of this activity, including not only criminal procedure law, but also provisions in the penal law, the civil law, and other relevant legal documents. Over the recent years, apart from successes, the implementation of activities to handle physical evidence in Vietnam in practice has revealed numerous limitations: the law on handling of physical evidence is not yet in line with the actual case settlement in practice; there are violations of the law on handling of physical evidence by competent persons, agencies, which might create conditions for abuse of powers, appropriating, damaging, losing physical evidence and might cause irreversible consequences. For those reasons, this article addresses theoretical and practical issues on the handling of physical evidence and, on that basis, proposes solutions to improve the efficiency of this activity in criminal cases at the requests of the judicial reform in Vietnam. Keywords: Physical evidence, handling physical evidence, methods to handle physical evidence, criminal procedure.
{"title":"Handling of Physical Evidence in Criminal Cases According to the Vietnamese Criminal Procedure Law","authors":"Nguyen Ngoc Chi, Bui Thu Huong","doi":"10.25073/2588-1167/vnuls.4404","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4404","url":null,"abstract":"Handling physical evidence is one of the criminal procedural activities, conducted by state bodies, during the process to resolve criminal cases. This activity requires the objectivity and fairness in the process of handling crimes, and the protection of legitimate rights and interests of relevant individuals and organizations; therefore, it contributes to the stability of the society and the development of the economy. Thus, a system of legal provisions on handling physical evidence have been developed to ensure the role of this activity, including not only criminal procedure law, but also provisions in the penal law, the civil law, and other relevant legal documents. Over the recent years, apart from successes, the implementation of activities to handle physical evidence in Vietnam in practice has revealed numerous limitations: the law on handling of physical evidence is not yet in line with the actual case settlement in practice; there are violations of the law on handling of physical evidence by competent persons, agencies, which might create conditions for abuse of powers, appropriating, damaging, losing physical evidence and might cause irreversible consequences. For those reasons, this article addresses theoretical and practical issues on the handling of physical evidence and, on that basis, proposes solutions to improve the efficiency of this activity in criminal cases at the requests of the judicial reform in Vietnam. \u0000Keywords: Physical evidence, handling physical evidence, methods to handle physical evidence, criminal procedure. \u0000 \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"21 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132148522","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 : 2021-12-10DOI: 10.25073/2588-1167/vnuls.4377
Nguyễn Thị Quang Đức, V. Giao
Business integrity has become the global standard, so promoting business integrity is essential for Vietnam to succeed in international integration and become a high-income developed country by 2045 as the target set by the Communist Party of Vietnam. The article identifies the features and requirements of business integrity concerning corporate social responsibility. In addition, the article initially assesses the current legal framework and practice of business integrity by the business community in Vietnam, points out the typical causes leading to limitations, and proposes solutions to promote business integrity in Vietnam in the coming years.
{"title":"Business Integrity as Corporate Social Responsibility: Law and Reality in Vietnam","authors":"Nguyễn Thị Quang Đức, V. Giao","doi":"10.25073/2588-1167/vnuls.4377","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4377","url":null,"abstract":"Business integrity has become the global standard, so promoting business integrity is essential for Vietnam to succeed in international integration and become a high-income developed country by 2045 as the target set by the Communist Party of Vietnam. \u0000The article identifies the features and requirements of business integrity concerning corporate social responsibility. In addition, the article initially assesses the current legal framework and practice of business integrity by the business community in Vietnam, points out the typical causes leading to limitations, and proposes solutions to promote business integrity in Vietnam in the coming years. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"172 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123749521","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 : 2021-12-10DOI: 10.25073/2588-1167/vnuls.4397
Nguyen Thai Son
The relationship between law and language has been widely discussed as early as in 1963 when Mellinkoff published the well-known book ‘The Language of the Law’ in the US. The linguistic analysis presented in this paper is an attempt to study legal interpretation from an interdisciplinary perspective. In particular, it is intended to demonstrate actual disputes (mostly US cases) that require interpreting statutes as how legal reasoning and linguistics interact. Starting with a brief account of linguistic indeterminacy and different forms of indeterminacy in legal contexts, the author will then focus on various approaches provided by legal scholars and linguists when it comes to uncertainty in construing law. Finally, a Polish case study will be presented to exemplify how linguistic analysis, along with legal argumentation, can practically contribute to the effectiveness of legal drafting and interpretation.
早在1963年，Mellinkoff在美国出版了著名的著作《法律的语言》(The language of The law)，法律与语言的关系就已经被广泛讨论。本文所提出的语言学分析是从跨学科的角度来研究法律解释的一种尝试。特别是，它旨在展示实际纠纷(主要是美国的案例)，需要将法规解释为法律推理和语言学如何相互作用。首先简要介绍语言的不确定性和法律语境中不同形式的不确定性，然后作者将重点介绍法律学者和语言学家在解释法律中的不确定性时提供的各种方法。最后，将介绍一个波兰案例研究，以举例说明语言分析以及法律论证如何实际有助于法律起草和解释的有效性。
{"title":"Statutory Interpretation: How Legal Reasoning and Linguistics Interact","authors":"Nguyen Thai Son","doi":"10.25073/2588-1167/vnuls.4397","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4397","url":null,"abstract":"The relationship between law and language has been widely discussed as early as in 1963 when Mellinkoff published the well-known book ‘The Language of the Law’ in the US. The linguistic analysis presented in this paper is an attempt to study legal interpretation from an interdisciplinary perspective. In particular, it is intended to demonstrate actual disputes (mostly US cases) that require interpreting statutes as how legal reasoning and linguistics interact. Starting with a brief account of linguistic indeterminacy and different forms of indeterminacy in legal contexts, the author will then focus on various approaches provided by legal scholars and linguists when it comes to uncertainty in construing law. Finally, a Polish case study will be presented to exemplify how linguistic analysis, along with legal argumentation, can practically contribute to the effectiveness of legal drafting and interpretation. \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"280 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124489111","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 : 2021-12-10DOI: 10.25073/2588-1167/vnuls.4400
Tuong Duy Kien
Judiciary, albeit being understood in the broadest sense of the word (i.e. activities undertaken by all the state agencies in charge of investigation, prosecution, adjudication, law enforcement, including judicial support institutions) or in the narrowest sense (i.e. only the adjudication of the courts), has a direct and decisive impact on political life, rights, freedoms and interests of individualss/citizens. In order that human rights and freedoms are respected and protected, it is necessary to promote judicial reform (making the judiciary be constantly clean and strong, serving public interest and abiding law, so that it can be the mainstay of justice). Therefore, successful implementation of judicial reform will contribute to protecting justice, human rights, and successful protection of justice, human rights will be a critical determinant of successful building rule-of-law state and international integration. For these reasons, the 13th National Party Congress has required the judiciary to have responsibility for protecting justice and human rights. This is an important and consistent guideline for reforming the judiciary in Vietnam up to 2030, with a vision to 2045. This article makes an in-depth analysis of the objective requirements for protecting justice, human rights in the context of building a socialist rule-of-law state and international integration; and the relationship and interdependence between protection of justice, human rights and judicial reform. The article argues that successful protecting justice and human rights will be an important factor for the success of building a rule-of-law state and international integration in Vietnam. Keywords: Justice, human rights, judicial reform, rule-of-law state, international integration.
{"title":"Judicial Reform for Justice, Human Rights, Building a Rule-of-law State and International Integration in Vietnam in the Current Period","authors":"Tuong Duy Kien","doi":"10.25073/2588-1167/vnuls.4400","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4400","url":null,"abstract":"Judiciary, albeit being understood in the broadest sense of the word (i.e. activities undertaken by all the state agencies in charge of investigation, prosecution, adjudication, law enforcement, including judicial support institutions) or in the narrowest sense (i.e. only the adjudication of the courts), has a direct and decisive impact on political life, rights, freedoms and interests of individualss/citizens. In order that human rights and freedoms are respected and protected, it is necessary to promote judicial reform (making the judiciary be constantly clean and strong, serving public interest and abiding law, so that it can be the mainstay of justice). Therefore, successful implementation of judicial reform will contribute to protecting justice, human rights, and successful protection of justice, human rights will be a critical determinant of successful building rule-of-law state and international integration. For these reasons, the 13th National Party Congress has required the judiciary to have responsibility for protecting justice and human rights. This is an important and consistent guideline for reforming the judiciary in Vietnam up to 2030, with a vision to 2045. \u0000This article makes an in-depth analysis of the objective requirements for protecting justice, human rights in the context of building a socialist rule-of-law state and international integration; and the relationship and interdependence between protection of justice, human rights and judicial reform. The article argues that successful protecting justice and human rights will be an important factor for the success of building a rule-of-law state and international integration in Vietnam. \u0000Keywords: Justice, human rights, judicial reform, rule-of-law state, international integration. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124133214","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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