Phòng ngừa tình hình các tội xâm phạm nhân phẩm, danh dự của con người trên địa bàn thành phố hồ chí minh ttta

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES PHAN TO NGOC THE PREVENTION OF CRIMES THAT VIOLATE HUMAN HONOR AND DIGNITY IN HO CHI MINH CITY Major: Criminology and crime prevention Code: 38 01 05 DOCTOR OF LAW THESIS Hanoi, 2023 The project was completed at: Vietnamese Academy of Social Sciences Graduate Academy of Social Sciences Supervisor: Assoc Prof Dr, Tran Huu Trang Counter-argument 1: Assoc Prof Dr, Dong Dai Loc Counter-argument 2: Assoc Prof Dr, Cao Thi Oanh Counter-argument 3: Assoc Prof Dr, Tran Dinh Nha The thesis will be defended at the Academy-level Thesis Grading Council at: Vietnamese Academy of Social Sciences - Graduate Academy of Social Sciences, at am/pm, date The thesis can be found at: National Library of Vietnam Library of Academy of Social Sciences month year INTRODUCTION Rationale of the study The Conclusion No.13-KL/TW of the Political Bureau requires “Promoting crime prevention, consolidate and improve the quality and effectiveness of the movement of all people to protect the national security…” The National Crime Prevention and Control Strategy for the period of 2016 to 2025 and the orientation to 2030 also emphasizes “Crime control and prevention is one of the important, urgent, regular, continuous and long-term goals to implement the Constitution, laws and guiding documents, contributing to protecting justice, human rights, civil rights, the interests of the country, legal rights and interests of organizations and individuals” [44] These documents indicate that our Party and Government seriously prioritize the matter of crime prevention According to a report by the City Statistics Department of Ho Chi Minh City on the city's socio-economic situation in the fourth quarter and the whole year 2022, it determines the economic recovery year “a hinge year” to create the preconditions for implementing the goals of the economic plan for the period of 2021 to 2025 The Gross Regional Domestic Product (GRDP) of Ho Chi Minh City in 2022 is estimated at 1,479,227 billion VND (at current prices) Comparing to the price at 2010, GRDP growth reached 1,021,894 billion VND, an increase of 9.03% compared to 2021 Alongside the economic achievements, the situation of crimes in general and crimes that violate human dignity and honor tends to become more complicated These crimes not only happened in the public community or workplace but also in the victim’s own family and familiar relationships In the recent events, the nature and extent of crimes that violate human dignity and honor have become increasingly serious and alarming, showing the moral degradation of a segment of the population, significantly affecting the cultural and social order in the community The above situation shows that the authorities’ actions to prevent crimes in general and prevent crimes that violate human dignity and honor have not been as effective as expected One of the reasons is that the development and implementation of crime prevention measures are not well-organized and feasible, not linked to specific conditions in each particular area, and not specified for different groups of crimes The above theoretical and practical requirements pose the need to build a theoretical framework for preventing crimes that violate human dignity and honor, to evaluate the current situation of preventing the said crimes, and to clarify the characteristics of crimes that violate human dignity and honor in Ho Chi Minh City, in order to provide scientific theories for creating and enhancing the effectiveness of preventing these crimes in the upcoming time Based on the requirements of crime prevention and control activities in general and crimes that violate human dignity and honor in Ho Chi Minh City in particular, the research on the topic: "The prevention of crimes that violate human dignity and honor in Ho Chi Minh City" have theoretical and practical meaning as well as the urgent significance 2 Aim and mission of the study 2.1 Aim of the study: The aim of this thesis is to build a theoretical framework on preventing crimes that violate human dignity and honor, therefore analyze and clarify the current state of preventing the said crimes in Ho Chi Minh City With that, the thesis ims to propose solutions to strengthen the prevention of these type of crimes in the future 2.2 Mission of the study: Theoretical research and practical research that include: analyzing and evaluating research projects on preventing crimes that violate human dignity and honor, therefore pointing out the limitation and the content which have not been studied, making theoretical research on preventing crimes that violate human dignity and honor, clarifying the relevant features and the current state of preventing crimes that violate human dignity and honor, and proposing ideas and solutions to enhance the prevention of crimes that violate human dignity and honor Object and range of study 3.1 Object of the study: Theoretical issues on preventing crimes that violate human honor and dignity, current situation of preventing crimes that violate human dignity and honor in Ho Chi Minh City, and a system of solutions to enhance the prevention of crimes that violate human dignity and honor in Ho Chi Minh City in particular and in national range in general 3.2 Range of the study - Scope of major: The study is limited to the field of Criminology However, the topic takes an interdisciplinary approach of criminology with psychology, sociology, education, and ethics to analyze and clarify the causes and conditions of crimes that violate human dignity and honor, as well as the causes of limitation in preventing crimes that violate human dignity and honor as a basis for proposing solutions to enhance the prevention of crimes that violate human dignity and honor - Spatial scope: The study is limited to research on the situation of preventing crimes that violate human dignity and honor in Ho Chi Minh City - Time scope: The study is limited to the period from 2010 to 2022 Methodology and research methods 4.1 Methodological perspective The thesis is researched on the basis of dialectical materialism and historical materialism methodology of Marxism-Leninism and Ho Chi Minh's ideology, applying the Party and Government’s perspectives on crimes prevention Based on this methodology, during the research process, the topic was done using an interdisciplinary approach to solve the research problem of how to improve the effectiveness of crime prevention in general and preventing crimes that violate human dignity and honor in Ho Chi Minh City 4.2 Research methods Research methods used: Method of analysis, synthesis, induction, deduction, commentary; method of comparison, analysis, and commentary; method of comparison, logical reasoning, commentary, induction, deduction, and analysis of legal norms; statistical method, analysis, commentary, induction, deduction, and logical inference New contributions of the thesis Comparing to the previous works, the thesis has the following improvements: Firstly, the thesis has systematized and provided a theoretical framework for preventing crimes that violate human dignity and honor Secondly, the thesis has analyzed and clarified the current situation of crimes that violate human dignity and honor, the cause of the situation of crimes that violate human dignity and honor in Ho Chi Minh City, the current situation of organizing forces to prevent crimes that violate human dignity and honor in Ho Chi Minh City, the current state of coordination between subjects to prevent crimes that violate human dignity and honor, the current state of implementing measures to prevent crimes that violate human dignity and honor in Ho Chi Minh City The thesis has forecasted the situation of crimes that violate human dignity and honor in Ho Chi Minh City, therefore proposed solutions to enhance the prevention of crimes that violate human dignity and honor in Ho Chi Minh City in the future Theoretical and practical contributions of the thesis 6.1 Theoretical contributions The results achieved in this thesis are important contributions to legal science in general, especially in perfecting the necessary theoretical studies on preventing crimes that violate human dignity and honor, therefore contributing to the completion of the theoretical system of criminology and crime prevention in particular, and theories of legal science in general This is an indispensable theoretical foundation in crime prevention 6.2 Practical contributions The thesis has analyzed and evaluated the current situation of preventing crimes that violate human dignity and honor in Ho Chi Minh City, therefore tproposed solutions to enhance the prevention of crimes that violate human dignity and honor in Ho Chi Minh City in the future The results of this research will be a useful reference for the City’s authorities to improve programs, plans, policies and measures to prevent crimes that violate human dignity and honor in the upcoming time The structure of the thesis Along with the introduction, the conclusion and the list of references, the thesis consists of these following chapters: Chapter 1: Overall research on preventing crimes that violate human dignity and honor Chapter 2: Theories on preventing crimes that violate human dignity and honor Chapter 3: The current situation of preventing crimes that violate human dignity and honor in Ho Chi Minh City Chapter 4: Forecasting and solutions to enhance the prevention of crimes that violate human dignity and honor in Ho Chi Minh City CHAPTER 1: AN OVERVIEW OF STUDIES ON THE PREVENTION OF CRIMES THAT RELATE TO HUMAN DIGNITY AND HONOR 1.1 Domestic researches 1.1.1 Basic theories on criminology and crime prevention In terms of criminal theory, there are several curricula that provide practical value for this topic They are listed as follows: - Vietnamese criminal law textbook (General part) by a group of authors under the editorship of Prof.Dr Vo Khanh Linh, Social Sciences Publishing House, 2014 - Vietnamese criminal law textbook (Crimes part) by a group of author under the editorship of Prof.Dr Vo Khanh Linh, People’s Police Publishing House, 2002 - Vietnamese criminal law textbook - volume by Hanoi law university, People’s Police Publishing House, 2019 - Vietnamese criminal law textbook - general part and crimes part by a group of authors under the editorship of Dr Cao Thi Oanh, Education Publishing House, 2012 - Vietnamese criminal law textbook (general part) by the Faculty of Law, Vietnam National University, Hanoi, Vietnam National University, Hanoi Publishing House, 2021 - Criminology textbook by Vo Khanh Vinh, 2023 - Criminology textbook by Hanoi law university, People’s Police Publishing House, 2002 - Monograph “Criminology and the formation of crime” by Associate Prof.Dr Nguyen Ngoc Hoa, Judicial Publishing House, 2015 - Monograph “Scientific commentary on the 2015 Criminal Code” (general part and crimes part), edited by Prof.Dr Nguyen Ngoc Hoa, Judicial Publishing House, 2017 - Monograph “Sexual abuse crimes in Vietnamese Criminal Law” by Nguyen Thi Ngoc Linh, Judicial Publishing House, 2019 Overall, the above scientific research projects provided basic theoretical knowledge about crimes that violate human dignity and honor and theories about crime prevention in general It includes the prevention of the said crimes 1.1.2 Research projects on crimes that violate human honor and dignity - Grassroots level topic “Prosecution and investigation of child sexual abuse crimes in the Southeast provinces - current situation and solutions to improve efficiency” by Tran Ngoc Duc, People’s Police University, 2003 - Doctoral thesis “Protecting human rights by regulating sexual abuse crimes under Vietnamese criminal law” by Nguyen Thi Binh, defended in 2021 at Hanoi Law University - Doctoral thesis “Crimes that violate human dignity and honor according to Vietnamese criminal law” by Vu Hai Anh, defended in 2017 at the Academy of Social Sciences - Doctoral thesis “Sexual abuse crimes in Vietnamese criminal law” by Nguyen Ngoc Linh, defended in 2018 at the Faculty of Law, Vietnam National University, Hanoi - A series of articles published in jurisprudence journals also researched the theory of crimes that violate human dignity and honor Notable mentions include: The article “Sexual abuse crimes against people under 18 years old - problems and recommendations” by Associate Professor, PhD Pham Minh Tuyen, published in Procuracy Science Magazine No 02/2020, page 3-10; Article “Protecting victims during the trial of human trafficking cases” by Associate Professor, PhD Pham Minh Tuyen, published in the People’s Court Magazine No 22/2020, page 7-9 and No 23/2020, page 14-17; Article "Incomplete rape" - provisions of the Penal Code and trial practice" by Le Huu Du and Nguyen Tuan Hiep published in People's Court Magazine No 14/2022, p 1-7; Article "Child sexual abuse crimes in international law and Vietnamese criminal law" by Nguyen Tat Thanh and Nguyen Duy Dung, published in the Journal of Democracy and Law No 5/2021, p 20-24; Article "Improving the provisions of the Penal Code on child sexual abuse crimes" by Tran Van Thuong, published in State Management Magazine No 259/2017, pp 45-48; Article "Discussion on human trafficking crime in the 2015 Penal Code" by Nguyen Van Minh and Nguyen Thi My Huyen, published in Procuracy Magazine No 6/2019, p 41-47; Article "Child sexual abuse crimes compared between the 1999 Penal Code and the 2015 Penal Code" by Le Thi Diem Hang, published in People's Court No 6/2017, p 18 – 24; Article "Some new points in the chapter on crimes that violate human life, health, dignity, and honor in the 1999 Penal Code" by Le Dang Doanh, published in the Journal of Jurisprudence No 2000; Article "Crimes that violate human life, health, dignity, and honor - Comparison between the 1999 Penal Code and the 1985 Penal Code" by Nguyen Ngoc Hoa, published in the Journal of Jurisprudence No 1, 2001; Article "Basic new points about crimes that violate human life, health, dignity, and honor in the 1999 Penal Code" by Tran Van Luyen, published in the Journal of State and Law No March 2001; The article "Principles for calculating compensation due to the violated individual's honor, dignity, and reputation" by Tuong Duy Luong, published in People's Court Journal No in 2003; Article "Discussion on the crime of rape under Article 111 of the Penal Code" by Dang Xuan Nam, published in Procuracy Magazine No 07 (April 2009); Article "Distinguishing crimes against people performing official duties from crimes that violate human life, health, dignity, honor of people performing official duties or for reasons of the victim's official duties" by Mai Bo, published on People's Court Magazine No 12, 2012; Article "Discussion on some legal signs of rape" by Bui Thi Quyen, published in People's Court Magazine No 23/2012; Article "About the article "Can men be victims of rape", published in the People's Court Magazine, period II, February 2014 (No 4) by many authors; Article "On regulations for crimes of rape - child rape" by author Tran Ha Bao Khuyen, published in the People's Court Journal, period I, June 2015 (No 11); Article "The crime of rape in French criminal law and the concept of "rape" in Vietnamese law" by Nguyen Van Quan, published in Procuracy Magazine No 18 (September 2015); Article "Discussion on the crime of statutory rape under Article 112 of the Penal Code" by Le Quang Tien published in Procuracy Magazine No 18 (September 2015); Article "Commentary on sexual crimes in the chapter on crimes that violate human life, health, dignity, and honor in the draft Penal Code (amended)" by Duong Tuyet Mien, published in the topic on amending and supplementing the Penal Code of the Journal of Democracy and Law in 2015 - Grassroots level topic “Application of criminal law in the trial of some crimes that violate human life, health, dignity, and honor" by Cao Thi Oanh, Mai Thi Thanh Nhung, Vu Hai Anh, Nguyen Thi Huyen Trang, Dao Phuong Thanh, Le Thi Diem Hang, Hanoi Law University in 2017 - Articles published in recent legal journals include: Article "New points and some recommendations to improve the quality of application of the provisions of the 2015 Penal Code on crimes that violate human dignity and honor" by Phan Thi Thu Le, Journal of Control Science Police, No 46/2021, pp 12-15; Article "Crimes that violate human dignity and honor in Vietnamese criminal law" by Do Thi Hien, Legal Profession Magazine, May 2018, pp.6-12; Article "The crime of rape in French criminal law and the concept of "rape" in Vietnamese law" by Nguyen Van Quan, Procuracy Magazine, No 18/2015, pp 45-48; Article "Protecting sexual rights through criminal law" by Cao Thi Oanh, Journal of Social Sciences Human Resources, No 4/2015, pp 12-18; Article "Crime of rape of a person under 16 years old according to the provisions of the 2015 Penal Code" by Nguyen Thi Binh, Procuracy Magazine, No 8/2018, pp 47-53; Article "How to correctly understand the episode "performing other sexual acts?” by Nguyen Ngoc Thang, Procuracy Magazine, No 11/2021, pp 41-44; Article "Investigation of criminal liability for rape and child rape - Difficulties, problems and recommendations" by Hoang Quang Luc, published in People's Court Magazine No 15 of 2014, article "Crime of lewdness with children: Some current situations and legal solutions" by Pham Quang Huy, published in the Journal of Legislative Research No 13, 2016; Article "Regulations on human trafficking crimes in the limited Penal Code and directions for improvement" by Le Thi Van Anh, Journal of Democracy and Law, No 3/2021, pp 16-21; Article "Factors affecting the formation of personal characteristics of people who commit crimes that violate human dignity and honor in the Southeast provinces" by Nguyen Vinh Huy, published in the Journal Industry and Trade, No 3/2018 - pp 62-67 - Doctoral thesis "Preventing crimes that violate human dignity and honor from the practice of Phu Tho province" (2021) by Do Thu Hien - Doctoral thesis "Child sexual abuse crimes in the Southwest region: Situation, causes and prevention" by Diep Huyen Thao, defended at the Academy of Social Sciences in 2020 - Doctoral thesis "Child sexual abuse crimes in the Southeast region: Situation, causes and prevention solutions" by Tran Van Thuong, defended at the Academy of Social Sciences in 2018 - Doctoral thesis "Fighting to prevent statutory rape in Vietnam in the current period" by Le Huu Du, defended at the Academy of Social Sciences in 2015 - Doctoral thesis "The identity of criminals who violate human dignity and honor from the practice of the Southeast provinces", defended by Nguyen Vinh Huy in 2019 at the Academy of Social Sciences - Article "The situation of human trafficking crimes around the world and in Southeast Asia" by Nguyen Xuan Huong, Journal of Procuracy Science - 2020 no.39/2020, pp 19-24; Article "The crime of human trafficking in Vietnam - Situation, causes and prevention measures" by Tran Dinh Hai, Procuracy Science, No 39/2020, pp 25-33; Article "Some issues to note when applying the provisions of the 2015 Penal Code on human trafficking crimes" by Pham Xuan Son, Procuracy Magazine, No 23/2018, pp 16-19, 26; Article "Theoretical issues on preventing child sexual abuse crimes in Ho Chi Minh City" by Le Van Luong, published in Industry and Trade Magazine No 3/2018, pp 45-52; Article "Preventing human trafficking crimes in Vietnam today with solutions that impact the subjects and potential victims of the crime" by Do Duc Hong Ha and Nguyen Mai Tram, Journal of Democracy and Law, No 7/2017, pp 10-15; Article "Some solutions to improve the effectiveness of preventing child rape in Vietnam" by Le Huu Du, Procuracy Magazine, No 23/2014, pp 35-37 It can be seen that in recent times, research projects on crimes that violate human dignity and honor and the prevention of crimes that violate human dignity and honor are varied in types with different approaches Some studies focused on solutions to prevent a specific type of crime in a particular area, while other research studies the prevention of crimes that violate human dignity and honor in general within a specific administrative area However, the common point of these studies is to clarify the current situation of crimes that violate human dignity and honor and point out the causes and conditions of these crimes as well as the limitations and inadequacies in practical implementations of solutions to prevent crimes that violate human dignity and honor, therefore to build a theoretical and practical basis to propose solutions to strengthen the prevention of crimes that violate human dignity and honor 1.2 Foreign researches Similar to domestic researchers, foreign researchers also analyzed and introduced basic content related to crimes that violate human dignity and honor 1.2.1 Research projects on criminals and crime prevention - An introduction to Crime and Criminology by Hennessy Hayes and Tim Prenzler - Crime and criminology in Japan by Can Ueda, Professor.Doctor of Law, Ritsumeikan University - Criminology Today by PhD.Emeritus Professor Frank - Schmalleger (American), 2002, University of North Carolina, Pembroke (America) 1.2.2 Research projects on preventing crimes that violate human dignity and honor - “Human Dignity as a Protected Interest in Criminal Law” by Tatjana Hornle and Mordechai Kremnitzer, published in Israel Law Review, No 44, Volumes and 2, 2011, pages 143 to 168 - “Death Penalty and Child Rape: An Eighth Amendment Analysis” by Elizabeth Gray, published in the Jurisprudence Journal of the Law School of Saint Louis University, Missouri, USA, in 1998 - “The evolving jurisprudence of the crime of rape in international criminal law” by Phillip Weiner, published in Boston College Law Review, No 54, March 2013 - “State Of Rape Victims In India” by Namita Jain and Aditi Tyagi - “A 20 years retrospective study of rape pattern in Ebonyi State, South-East Nigeria” by Leonard Ogbonna Ajaha and his group of colleague researchers, published in Heliyon Research Journal, No (2022) - “Demography and Crime: A Spatial analysis of geographical patterns and risk factors of Crimes in Nigeria”, published in Spatial Statistics Magazine No 41 (2021) - “Rape and sexual assault” by L M WilliamsS Toney, published in the Reference Module in Neuroscience and Biobehavioral Psychology Journal - “Human trafficking in Finland” by Sari Latomaam, published in the Intercultural Hum.Rts.L.Rev.229 journal in 2014 - “Slander? Prove it: Why a two hundred-year- old defamation law should be changed” by Robert F Somers - Professor of law, Whittier Law School, published in Southwestern Journal of International Law, Vol 19/2012, p 133-180 - Sex Crimes: How to Prevent and Survive Sex Crimes by Dr Paul Dawson, CreateSpace Independent Platform Publisher, 2013 - Preventing Sexual Violence on Campus: Challenging Traditional Approaches through Program Innovation by Sara Carrigan Wooten and Roland W Mitchell, Routledge Publisher, first published in 2016 These research projects have shown that there have been reseaches on the causes and conditions of the crime situation, crime prevention activities in general, and crimes that violate human dignity and honor in particular These works have argued and justified the necessary issues that must be completed to effectively prevent these crimes The results will be selectively learned by the researcher of this thesis during thesis research However, there are still issues that are open for discussion, such as: the 11 - Preventing crimes that violate human dignity and honor is associated with the elimination of bad behaviors and habits that can easily lead to the risk of becoming a victim of crime - Preventing crimes that violate human dignity and honor is associated with strengthening the guarantee of basic rights related to human dignity and honor 2.1.2 Purposes of preventing crimes that violate human dignity and honor - Ensuring security, order and social safety - Ensuring human rights 2.2 Objects, content and principles of preventing crimes that violate human dignity and honor 2.2.1 Objects of preventing crimes that violate human dignity and honor The object of preventing crimes that violate human dignity and honor is the situation of crimes that violate human dignity and honor Thus, the object of preventing crimes that violate human dignity and honor in Ho Chi Minh City is the situation of crimes that violate human dignity and honor in Ho Chi Minh City 2.2.2 Content of preventing crimes that violate human dignity and honor The content of preventing crimes that violate human dignity and honor is determined by the nature and characteristics of the situation of crimes that violate human dignity and honor, as the object of prevention, the characteristics of the causes, and the conditions of the situation of crimes that violate human dignity and honor and the purpose of preventing the situation of crimes that violate human dignity and honor, including: Firstly, through activities with effective measures aimed at surmounting, limiting, and gradually eliminating the causes and conditions (ie negative social phenomena) that give rise to thecrimes that violate human dignity and honor Secondly, quickly detect, prosecute, investigate, indcit and adjudicate criminals who committed crimes that violate human dignity and honor, perform a good job of rehabilitating and educating them to become honest people who are useful to the society and will not commit new crimes in the future Thirdly, it is necessary to clarify the advantages and limitations in the measures system to prevent crimes that violate human dignity and honor as well as in the practical implementation of measures to prevent crimes that violate human dignity and honor Therefore, continue to best promote the advantages and surmount the limitations in the practice of preventing crimes that violate human dignity and honor 2.2.3 Principles of preventing crimes that violate human dignity and honor - Principles of socialist legality in preventing crimes that violate human dignity and honor - Principles of democracy in preventing crimes that violate human dignity and honor - Principles of ensuring human rights in preventing crimes that violate human dignity and honor 12 - Principles of logicality in preventing crimes that violate human dignity and honor - Principles of close coordination between subjects to prevent crimes that violate human dignity and honor 2.3 Political and legal basis for preventing crimes that violate human dignity and honor The Party's viewpoints on directing and leading crime prevention activities in general, and crimes that violate human dignity and honor in particular, are expressed through: Directive No 48-CT/TW dated October 22, 2010 on strengthening the Party's leadership in crime prevention and control in the new situation of the 10th CPV Central Committee; Directive No 09-CT/TW, dated December 1, 2011 on "Strengthening the Party's leadership in building a movement of all people to protect national security in the new situation" of the 11th Secretariat of CPV Central Committee; Conclusion No 13-KL/TW dated August 16, 2021 of the Political Bureau on continuing to implement Directive No 48-CT/TW, dated October 22, 2010 of the 10th Political Bureau on strengthening the Party's leadership in crime prevention and control in the new situation Regarding legal basis, our country has solid legal foundations such as: Law on prevention of human trafficking, Decision No 1427/QD-TTg dated August 18, 2011 on Approving the Government's Action Program to prevent and control human trafficking crimes for the period of 2011 to 2015; Penal Code 2015, amended and supplemented in 2017; Criminal Procedure Code 2015; Decision No 623/QD-TTg on Approving the national crime prevention strategy for the period of 2016 to 2025 and orientation to 2030 of the Government and some other guiding documents (Resolution No 06/2019/NQ-HDTP of the Council of Judges of the Supreme People's Court dated October 1, 2019 on Instructions for applying a number of regulations in Articles 141, 142, 143, 144, 145 , 146, 147 of the Penal Code and the trial of cases of sexual abuse of people under 18 years old; Directive No 08/CT-TTG dated February 4, 2020 promoting the prevention and control of domestic violence to promote the prevention and control of domestic violence) 2.4 Subject and content of preventing crimes that violate human dignity and honor 2.4.1 Subject of preventing crimes that violate human dignity and honor - Firstly, the Party organizations: In the activities against crime in general and preventing crimes that violate human dignity and honor in particular, the Party organizations play an important role in leading governments at all levels and mass organizations and people actively participate in crime prevention and control activities Through this, Party organizations lead other subjects to perform the task of preventing crimes that violate human dignity and honor, to restrain and repel these crimes, contributing to maintaining national security, social order and safety, effectively serving the country's socio-economic development 13 - Secondly, the Goverment agencies: The National Assembly's activities to prevent crime in general and crimes that violate human dignity and honor in particular are to perfect the criminal law to create a strict legal basis to prevent the subjects from violating the law and violating human dignity and honor In addition, the National Assembly also supervises the implementation of laws in the field of crime prevention and control in general, and the prevention and control of crimes that violate human dignity and honor - Thirdly, social organizations and all individuals in the society 2.4.2 Measures to prevent crimes that violate human dignity and honor - Group of propaganda measures to raise awareness and understanding of the law - Socio-economic measures - Group of cultural and educational measures - Group of organizational and management measures - Law improvement measures - Crime prevention measures Conclusion of Chapter In chapter of this thesis, on the basis of research results and inheriting the views of scientists on the theory and concept of crime prevention, the researcher has researched and provided explanations for the basic theoretical issues on preventing crimes that violate human dignity and honor, specifically: Firstly, clarifying the concept and characteristics of crimes in general and crimes that violate human dignity and honor in particular Secondly, developing the concept of preventing crimes that violate human dignity and honor Therefore clarifying the connotation of this concept: Content, subject, preventive measures; prevention direction and the goal of preventing that violate human dignity and honor Determining the meaning and role of preventing crimes that violate human dignity and honor Thirdly, clarifying the mechanism to prevent crimes that violate human dignity and honor in these following aspects: Concepts and elements of the crime prevention mechanism In particular, focusing on analyzing and clarifying the basic elements of the mechanism to prevent crimes that violate human dignity and honor: Subjects of prevention and the coordination relationships of subjects of crime prevention; Measures to prevent crimes that violate human dignity and honor Based on the research results presented in Chapter 2, the researcher realized that this thesis will be a theoretical framework and an important orientation in approaching and solving the next requirements and tasks of the thesis 14 Chapter THE CURRENT SITUATION OF PREVENTING CRIMES THAT VIOLATE HUMAN DIGNITY AND HONOR IN HO CHI MINH CITY 3.1 The current awarenese of preventing crimes that violate human dignity and honor among Ho Chi Minh City leaders 3.1.1 The results The directive and executive documents of the City Party Committee, People's Council, and People's Committee of Ho Chi Minh City show that the Party Committee and city government are aware of the purpose, meaning, role and content of crime prevention in general and preventing crimes that violate human dignity and honor in particular, especially human trafficking The City Party Committee and the city government have considered crime prevention as an important task that must be done simultaneously with the city's economic, cultural and social development activities Only based on restraining and controlling the crime situation can a healthy social environment be created, leading to good conditions to stabilize security, order, social safety for economic development 3.1.2 The limitation in the awareness of preventing crimes that violate human dignity and honor - There is no specific instructions for propaganda and raising public awareness, thereby improving the effectiveness of preventing crimes that violate human dignity and honor in Ho Chi Minh City - There is no specific documents or special seminar from the departments and branches to propagate, educate and improving the understanding of the necessity, purpose, meaning, role, and importance of preventing crimes that violate human dignity and honor in Ho Chi Minh City - There is still a large number of citizen who have become the victims of crimes that violate human dignity and honor in Ho Chi Minh City, espcially children This proved that the propaganda has not reached them, or has not been highly effective, so the public awareness is still not good enough, from which many are still at risk of becoming the victims of the said crimes 3.1.3 The causes of the limitation in the awareness of preventing crimes that violate human dignity and honor - The complexity of the city’s social components and infastructure Ho Chi Minh City is the economic center of the country, gathering all types of people and has a complex infastructure - The negative aspects of economic integration and globalization trends - The inconsistency in legal documents related to handling crimes that violate human dignity and honor - The ineffective coordination between subjects in the activities to prevent crimes that violate human dignity and honor 15 There are many other objective and subjective reasons that affect the current state of awareness of the prevention of crimes that violate human dignity and honor in Ho Chi Minh City However, finding optimal solutions to macroscopically overcome the problem is necessary and must be an effective “fixing” tool for the prevention of the said crimes in the future 3.2 The current state of activities against crimes that violate human dignity and honor in Ho Chi Minh City 3.2.1 The results The results achieved in the activities against crimes that violate human dignity and honor are clearly shown in the situation of crimes that violate human dignity and honor in Ho Chi Minh City in the period of 2010 to 2022 through current situation, developments, structure and the nature of the situation Regarding the current situation, the development of crimes that violate human dignity and honor in Ho Chi Minh City is shown in this following chart: 350 300 250 200 Số vụ PT 150 Số người PT 100 50 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Chart The development of crimes that violate human dignity and honor in Ho Chi Minh City in the period of 2010 to 2022 Regarding the subtle part of crimes that violate human dignity and honor in Ho Chi Minh City: There is still a significant number of these crimes that related to sexual abuse crimes Although reported and denounced, they have not been detected and handled This number is at least more than 15%, including a number of hidden criminals The hidden crimes mentioned above come from serveral causes such as: the subject committing the crime, the victim, the person witnessing the crime, and the provisions of law Regarding the structure of crimes that violate human dignity and honor in Ho Chi Minh City, it is shown through the following numbers: - By crime: Sexual intercourse with children (46,39%), lewdness with children (19,15%), statutory rape (19,10%), and rape (11,56%) 16 - By administrative division: evenly occurred in all of 24 administrative divisions in Ho Chi Minh City - By the age the culprit: The largest proportion of people committing crimes that violate human dignity and honor are between the age of 18 and 30 (55,44%) - By gender: The majority are male (95.69%), the rate of female criminals are very small, only accounts for 4,11% - By academic level: The majority have very low academic level, most of the culprits (78,04%) are only at secondary education level at maximum, of which nearly half are illiterate and are only at primary education level - By occupation: The majority not have a job (35,21%) or are unskilled labor (29,77%), and self-employed (26,03%) - By criminal record: The number of culprit with criminal records is relatively high (14,38%) - By sanction: 99,16% were sentenced to imprisonment and more than half received high prison sentences (over 07 years in prison), life imprisonment and death penalty 3.2.2 The causes of crimes that violate human dignity and honor - The limitation in the socio-economic environment - The limitation in the cultural and educational environment - The degeneration in moral and personality among a group of the citizen - The limitation from the victim’s condition - The limitation in the investigation, prosecution, trial and execution for crimes that violate human dignity and honor - The limitation in the regulations of the Penal Code - The limitation in gathering the strength of the entire political system in preventing crimes that violate human dignity and honor 3.3 The current state of the coordination between subjects in preventing crimes that violate human dignity and honor in Ho Chi Minh City 3.3.1 The results Currently, Ho Chi Minh City has made efforts to innovate and diversify forms of educational propaganda and law dissemination The city should not organize propaganda conferences in the form of mere theory but instead stimulate situations, conflicts, and disputes that would occur in daily life so that people know how to resolve those conflicts and disputes on the basis of the regulation of law In addition, diversifying forms of propaganda through competitions and musical performances in the form of theater will also bring high efficiency The legal regulations are conveyed to the people and become more effective, easier to remember and understand The city launches legal writing contests with participants from all classes in the society, integrates propaganda and dissemination of law in legal consulting activities, provides free legal aid for policy beneficiaries and the poor Specifically, the extensive legal aid 17 at the People's Courts has significantly contributed to raising legal awareness for the people in general and the citizen of Ho Chi Minh City in particular 3.3.2 Limitations in coordination between subjects in preventing crimes that violate human dignity and honor in Ho Chi Minh City - Coordination activities between crime prevention subjects in Ho Chi Minh City are not regular, there is no effective coordination regulation on crime prevention, including the prevention of crimes that violate human dignity and honor, therefore, coordination activities have not yet achieved the set goals - Activities of judicial agencies related to investigation, prosecution, and trial of crimes in Ho Chi Minh City still exist in a situation where investigation, prosecution, and trial are not on time according to regulations, the coordination with agencies that prepare documents for rehabilitation, probation, and monitoring community integration for people who have completed their prison sentences are still not guaranteed due to lack of personnel in specialized departments - The coordination between subjects in crime prevention is only a responsibility, not a mandatory obligation Because it is only regulated as a responsibility, how coordination is implemented depends entirely on the awareness and efforts of the parties - In the current coordination between subjects, the positions and roles of the subjects have not been fully defined - The current coordination between subjects only focuses on official prevention activities of Goverment agencies - Currently, the regulations on crime prevention only briefly mention the activities of the subjects in coordinated crime prevention activities such as: educational measures, raising legal awareness; managing and supervising members, eliminating causes and conditions of crime, etc There is still no clear and specific guiding document - In coordinating activities, the role of people from all classes is still vague and passive 3.4 Current status of implementing measures to prevent crimes that violate human dignity and honor in Ho Chi Minh City 3.4.1 Results achieved in implementing measures to prevent crimes that violate human dignity and honor in Ho Chi Minh City In implementing socio-economic measures: Basically having been done excellently, achieving almost all the goals set by the Party and City Government in the recent period These effective socio-economic solutions have created conditions for an improved living environment in the city, which is the basis for the crime situation and crimes that violate human dignity and honor to be strictly controlled by the authorities at all levels The implementation of programs and projects to prevent crime and social evils is always integrated with social security policies and building cultural life in the community and closely combined with the movement of all people to protect national 18 security has fundamentally solved the problems that cause crime and social evils, contributing to reducing and restraining crime in general and crimes that violate human dignity and honor in the City in particular in recent times In implementing cultural and educational measures: The increasingly improving system of cultural institutions has been effective, preserving and promoting the national cultural identity, serving a variety of learning, cultural activities, playing and entertainment needs of the people, contributing to repelling social evils and crime, especially crimes that violate human dignity and honor - the crime group which is most clearly influenced by culture and education, therefore enhancing the spirit of solidarity among the population, ensuring social order and safety in implementing organizing social management measures: create a strong flow of change in social order and safety, maintain legal discipline, build a clean and healthy living environment as well as a civilized lifestyle, live and work according to the Constitution and the Law, significantly reduce all types of crimes, including crimes that violate human dignity and honor, effectively serving the goal of national construction and development; raise awareness of respecting the law in the community, promote community spirit and creativity at grassroots levels in crime prevention and control; improve the effectiveness of administration and management of the Government and authorities at all levels in the country administrative management of social order and crime prevention The coordination between departments and unions in managing, sensitizing, and educating the criminals to gradually falls into order The movement of all people to protect national security is increasingly promoting practical effectiveness in the fight against crimes; Among the people, more and more good examples appear, individuals of effective self-management and self-defense are highly appreciated by all levels; Through the work of launching the movement, people increasingly believe, trust, and actively support the Police force to complete its tasks Among the people, many exemplary examples emerged who courageously denounced crimes and were praised and rewarded 3.4.2 Limitations in the practice of preventing crimes that violate human dignity and honor In the socio-economic field: Those who commit crimes that violate human dignity and honor are mainly unemployed, self-employed and unskilled workers, accounting for 89,9% In cultural and educational field: The quality of human resource training does not meet the city's development and integration needs, unemployment rate is high, the academic level is low; the guarantee of the implementation of children's rights, protecting and avoiding the risks of sexual abuse and violation of children's rights for a group of children during the immigration process in the city still face difficult challenges In organizing social management: Although the coordination of departments and unions in the City in recent times has seen many positive changes, it has not yet