{"title":"越南废除毒品犯罪死刑渐进主义的局限","authors":"Tien-Duc Nguyen, Thu Thi Hoai Tran","doi":"10.1017/asjcl.2022.14","DOIUrl":null,"url":null,"abstract":"Abstract International law has ruled out the application of the death penalty on drug offenses. Despite failure to meet the threshold to be categorised as one of the ‘most serious crimes’, the practice of capital punishment for drug offences in many parts of the world continues to dismay human rights activists and practitioners. This article aims to exhibit a dynamic view on drug offences under Vietnamese law. It contends that the nation's understanding of the severity of drug offences has witnessed incremental changes corresponding with international standards, although not completely compatible. Drawing on comparative scholarship, the article then moves on to ask whether there is any room left for the total abolition of capital punishment for drug offences. It suggests that Vietnam's incrementalism towards abolition has reached its bounds. Renovation in the understanding on the severity of drug crimes is very much needed to re-fuel the abolitionist movement in the country.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2022-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Limits of Vietnam's Incrementalism towards the Abolition of Capital Punishment for Drug Offenses\",\"authors\":\"Tien-Duc Nguyen, Thu Thi Hoai Tran\",\"doi\":\"10.1017/asjcl.2022.14\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract International law has ruled out the application of the death penalty on drug offenses. Despite failure to meet the threshold to be categorised as one of the ‘most serious crimes’, the practice of capital punishment for drug offences in many parts of the world continues to dismay human rights activists and practitioners. This article aims to exhibit a dynamic view on drug offences under Vietnamese law. It contends that the nation's understanding of the severity of drug offences has witnessed incremental changes corresponding with international standards, although not completely compatible. Drawing on comparative scholarship, the article then moves on to ask whether there is any room left for the total abolition of capital punishment for drug offences. It suggests that Vietnam's incrementalism towards abolition has reached its bounds. Renovation in the understanding on the severity of drug crimes is very much needed to re-fuel the abolitionist movement in the country.\",\"PeriodicalId\":39405,\"journal\":{\"name\":\"Asian Journal of Comparative Law\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-09-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asian Journal of Comparative Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/asjcl.2022.14\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Comparative Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/asjcl.2022.14","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
The Limits of Vietnam's Incrementalism towards the Abolition of Capital Punishment for Drug Offenses
Abstract International law has ruled out the application of the death penalty on drug offenses. Despite failure to meet the threshold to be categorised as one of the ‘most serious crimes’, the practice of capital punishment for drug offences in many parts of the world continues to dismay human rights activists and practitioners. This article aims to exhibit a dynamic view on drug offences under Vietnamese law. It contends that the nation's understanding of the severity of drug offences has witnessed incremental changes corresponding with international standards, although not completely compatible. Drawing on comparative scholarship, the article then moves on to ask whether there is any room left for the total abolition of capital punishment for drug offences. It suggests that Vietnam's incrementalism towards abolition has reached its bounds. Renovation in the understanding on the severity of drug crimes is very much needed to re-fuel the abolitionist movement in the country.
期刊介绍:
The Asian Journal of Comparative Law (AsJCL) is the leading forum for research and discussion of the law and legal systems of Asia. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to one or more Asian legal systems, as well as work that compares one or more Asian legal systems with non-Asian systems. The Journal seeks articles which display an intimate knowledge of Asian legal systems, and thus provide a window into the way they work in practice. The AsJCL is an initiative of the Asian Law Institute (ASLI), an association established by thirteen leading law schools in Asia and with a rapidly expanding membership base across Asia and in other regions around the world.