BORROWING COURT SYSTEMS docx

[...]... 17 18 19 20 21 22 Levels of Local Government in the DRVN The Civilian Court Hierarchy by the Mid 1950s Civilian Court Jurisdiction and Staff in 1946 The Constitutional Changes Relevant to the Court System Major Legislative Changes to the Court System between 1959 and 1976 The DRVN Court Hierarchy in 1961 Expectations of the DRVN Courts in the 1960s National Case Numbers in the DRVN Comparison of Criminal... People’s Court in generating implementing legislation The working hypothesis of this book is that the Soviet model of court system was introduced to and fostered in the DRVN This study enables interesting questions to be asked about the transplantation of legal systems between socialist countries and Soviet hegemony Did Vietnam’s adoption of the Soviet-inspired legal system result in similar court systems. .. is also a story of the development of Vietnamese courts from their inception in 1945 to the uniſcation of the country in 1976 And in the ſnal chapter the story of the Vietnamese courts is brought into the twenty-ſrst century with an analysis of court- focused, reforms undertaken in the last ten years Ultimately the question is how did the Sovietinspired court system operate in the DRVN? Therefore this... this needs to be explained As set out in later chapters, in 1945 the Vietnamese introduced courts (although perhaps not a court system) which were reſned and developed over time The Chinese also introduced a system of courts in the early 1930s, which was also revised over time However, where the Vietnamese story of court development is one of gradual ordering and increasing legalism, the Chinese narrative... documented See for example: Donald S Zagoria, 1967; P.J Honey, 1963 Susan Finder, 1993, p 146 Finder suggests that judges and court staff began returning to courts from the countryside in China in 1972 Cai Dingjian, 1999, p 2 Dingjian notes that ‘the courts and the procurate systems were both eliminated’ during the mid to late 1960s Fan Gang and Xin Chunying, 1998, p 3 After the launching of the Anti-Rightist... brieƀy to see how it may illuminate the development of Vietnamese courts.19 If this were a study of the Vietnamese land courts (toa an dac biet) then China’s inƀuences would be the primary comparative example.20 However, the land courts existed for only three years of the period under scrutiny and never formed a part of the ofſcial court system To the extent that this experience is a formative inƀuence,... studies.26 In addition, Soviet scholarship existed which examined the Vietnamese court system and its reforms.27 When combined with similar legislation to establish courts, all of these connections attest to a strong exchange between the Soviet Union and Vietnam with regard to court work, at least from the establishment of the formal court system in Vietnam in 1959 It is for these reasons that it is suggested... congruent political systems. 31 By way of postscript, the ſnal chapter explores contemporary Vietnamese courts, particularly in light of the spate of reforms visited upon them since 2000 Here the complexity of the contemporary expectations of Vietnamese courts comes to the fore coupled with the contests between dynamic and static characterizations of institutional change The transplanted court system is... relied on the Soviet court experience when introducing a system of courts, this study explores how borrowed legal institutions transform More particularly, the study asks ‘did the shared political orientation of the DRVN and USSR result in similar legal institutional development, or if different dispute resolution evolved, why?’ By analyzing the DRVN legal borrowing of a Soviet-style court system, it is... Vietnam Standing Committee of the National Assembly Sac lenh (previously translated as Order, now called a Decree) Supreme People’s Court (toa an nhan dan toi cao) Toa an nhan dan toi cao, (Supreme People’s Court) Tap san tu phap or Justice Journal, the Supreme People’s Court Journal Thong tu (circular) Thu tuong (Prime Minister ofſcial) Thuong vu quoc hoi (Standing Committee of the National Assembly) . the Appeal Courts and People’s Courts 106 Chapter 6: Courts in the Democratic Republic of Vietnam between 1959-1976: Court Culture 115 I. Court Membership:. 3: Vietnamese Courts Introduced: 1945-1959 57 I. The 1946 Constitution and the Courts 58 II. Survey of Courts 61 III. Features of the Courts 74 IV.