general theory of law and state field of study the peoples court team 4

Contributing to the education of citizens and enforcement of legalcompliance...7III.Organization of The People’s Court...7People’s Court System...7Organizational structure of the Supreme

GENERAL THEORY OF LAW AND STATE FIELD OF STUDY: THE PEOPLE’S COURT

(TEAM 4)

MEMBER: DINH NHU QUYNH ANH

PHAM NHAT MINH NGUYEN TRUNG KIEN TRAN THI THUY HIEN CHU TAM DAN TRAN HUU MANH CLASS: BFT65A

LECTURER: DOCTOR TRAN THI HONG NHUNG

HANOI, MAY 2024

CONTENTS 1

I Introduction 3

1.1.Brief overview of Vietnam’s Judicial System 3

1.2.History of Viet Nam’s Judicial System 3

1.3.Constitutional basis for The People’s Court as the judicial body of Vietnam 3

II Functions of The People’s Court 3

2.1 Functions of The People’s Court 3

2.1.1 Implement judicial power by hearing and adjudicating a number of cases 3

2.1.2 Trial of criminal, civil, administrative, and other types of cases as prescribed by law 4

2.1.3 Protect the legitimate rights and interests of citizens, organizations, and the State 4

2.1.4 Supervise and inspect the observance of law in the litigation activities of agencies, organizations, and individuals 4

2.1.5 Contribute to the building and improvement of the legal system, ensure justice, social security, and order 5

2.2 Missions of The People’s Court 6

2.2.1 Adjudicating civil, criminal, and administrative cases 6

2.2.2 Protecting justice, human rights, and legitimate interests of organizations and individuals 6

2.2.3 Contributing to the education of citizens and enforcement of legal compliance 7

III.Organization of The People’s Court 7

People’s Court System 7

Organizational structure of the Supreme People's Court 7

Organizational structure of the Superior People's Court 8

Specialized Court 8

IV Recent Developments and Reforms 8

4.1 Review of the LOPC’s implementation and proposed amendments 8

4.2 Draft Amendment of Law on Organization of People’s Courts 9

4.3 Efforts to renew the organizational apparatus and operation of The

People’s Court 11

4.4 Innovations in court hearings and courtroom appearances 11

4.5 Identifying weaknesses in the current court system 12

4.6 Strategies for building independent, professional, modern, equitable, civilized, and incorruptible courts 12

V Conclusion 13

TRANSLATION 14

REFERENCES 15

I Introduction

1.1.Brief overview of Vietnam’s Judicial System

Vietnam’s judicial system, defined by the Constitution and relevant laws, adjudicates legal matters and upholds the law As a one-party socialist republic, the judiciary operates under the Communist Party’s leadership and is accountable to the National Assembly, the country’s supreme governmental body

1.2.History of Viet Nam’s Judicial System

Vietnam’s judiciary evolved from its 1945 independence with the First Constitution, through restructuring post-French defeat in 1954, to the 1959 establishment of the People’s Court The 1980 Constitution maintained the system, adding detailed provisions The 1992 Constitution and subsequent laws continued this trend, culminating in a 2013 overhaul that introduced People’s High Courts and competitive judge selection

1.3.Constitutional basis for The People’s Court as the judicial body of Vietnam

The 2013 Constitution of Vietnam enforces the People’s Court provisions, emphasizing socialist democracy and human rights It mandates that judicial activities protect rights and resolve disputes effectively State power is unified but divided among legislative, executive, and judicial branches to prevent overlap and ensure efficiency The People’s Court, independent and law-abiding, requires specific control and supervision mechanisms to uphold judicial integrity and independence

II Functions of The People’s Court

The Court handles criminal, civil, marriage and family, business, commercial, labor, and administrative cases, considering full, impartial, comprehensive documents and evidence

It has the right to consider, review, and make decisions based on litigation judgments, penalties, and judicial measures The Court also handles administrative violations, considering recommendations from State regulators and applying administrative processing measures related to human rights and fundamental rights

2.1 Functions of The People’s Court

2.1.1 Implement judicial power by hearing and adjudicating a number of cases.

The primary function of the People's Court is to exercise the judicial power of the state

by hearing and making rulings on various types of cases brought before it This involves the court's authority to receive, review, and make determinations on criminal cases, civil disputes, administrative violations, and other legal matters as prescribed by law

Through this process of hearing and adjudicating cases, the People's Court plays a central role in upholding the rule of law, protecting the rights and interests of citizens, organizations, and the state The number and types of cases handled by the People's Court can vary depending on the jurisdiction and level of the court (e.g local, provincial, or national level courts) However, the core function is to utilize the judicial power vested in the court to investigate, evaluate evidence, and render fair and impartial judgments

This allows the People's Court to fulfill its duty of ensuring justice, resolving legal conflicts, and maintaining social stability and order through the application of the law

2.1.2 Trial of criminal, civil, administrative, and other types of cases as prescribed by law.

In addition to exercising judicial power, the People's Court has the responsibility

to examine and make rulings on criminal, civil, administrative, and other types of cases as stipulated by law This includes the court's function of receiving, investigating, collecting evidence, and deciding on the nature of violations and the degree of legal liability for the parties involved

Through the trial process, the People's Court plays a crucial role in upholding justice, protecting the legitimate rights and interests of citizens, organizations, as well as the state The scope of cases tried by the People's Court encompasses various areas such as criminal, civil, administrative, labor, economic, and others, which are specifically defined in the law

2.1.3 Protect the legitimate rights and interests of citizens, organizations, and the State

This is one of the most crucial functions of the People's Court Through its rulings and judicial activities, the Court has the responsibility to protect and safeguard the legitimate rights and interests of citizens, organizations, as well as the rightful interests of the State

For citizens, the Court will defend their fundamental rights, such as the right to life, freedom, property, electoral rights, and so on The Court ensures these rights are respected and exercised in accordance with the law

For organizations, the Court will protect their lawful rights and obligations, including the right to operate, the right to own property, the right to fair treatment, and others Regarding the State, the Court will safeguard the legitimate interests of the State, such

as national security, territorial sovereignty, natural resources, and so on

By upholding and defending these rights and interests, the People's Court plays a vital role in ensuring justice, protecting human rights, and promoting the stable development of society

2.1.4 Supervise and inspect the observance of law in the litigation activities of agencies, organizations, and individuals.

This supervisory and inspection function serves to ensure that all parties engaged in the legal process, including the Court itself, strictly abide by the relevant laws and regulations The People's Court monitors the activities of investigative bodies, prosecutorial authorities, legal representatives, and other participants in the litigation process The aim is to guarantee the fairness, transparency, and lawfulness of the judicial proceedings This entails verifying that proper legal procedures are followed, evidence is collected and evaluated correctly, and the rights of all involved parties are duly protected throughout the course of the trial

By exercising this oversight role, the People's Court reinforces the rule of law and the integrity of the judicial system It helps prevent any potential abuse of power or violation of legal norms

The findings and insights derived from the Court's supervision and inspection activities can also provide valuable feedback to help refine the legal framework and enhance the overall administration of justice

2.1.5 Contribute to the building and improvement of the legal system, ensure justice, social security, and order.

Beyond its core judicial responsibilities, the People's Court also plays an important role in contributing to the development and enhancement of the overall legal system Through its extensive experience and practical understanding gained from adjudicating various cases, the People's Court is able to provide valuable insights and recommendations to help refine and improve the legal framework The Court's findings, interpretations, and observations from its trial processes can serve as important feedback to lawmakers and policymakers This input can help strengthen and refine existing laws, as well as guide the creation of new legislation

By fulfilling its judicial function effectively, the People's Court also contributes to ensuring justice, social security, and public order in the society The fair and impartial administration of justice by the People's Court helps uphold the rule of law, protect the rights and interests of citizens and organizations, and maintain social stability and harmony This, in turn, reinforces public confidence in the legal system and promotes the overall development and progress of the country

The People's Court's role in this regard is crucial in transitioning the legal system towards greater effectiveness, transparency, and alignment with the evolving needs of the society

2.2 Missions of The People’s Court

2.2.1 Adjudicating civil, criminal, and administrative cases

According to the 2014 Law on the Organization of People's Courts of Vietnam, the people's court system in Vietnam consists of 4 levels: the Supreme People's Court, Higher People's Courts, Provincial/Municipal People's Courts, and District/County People's Courts Each level of the court system has jurisdiction over different types of cases For example, the Supreme People's Court has jurisdiction over appeals and cassation cases; the Higher People's Courts have jurisdiction over first instance and appeal cases; the Provincial/Municipal People's Courts have jurisdiction over first instance cases

In addition to the people's court system, Vietnam also has a military court system, which has jurisdiction over criminal and civil cases involving military personnel

2.2.2 Protecting justice, human rights, and legitimate interests of organizations and individuals

The People's Courts play an important role in protecting justice, human rights, and the legitimate interests of organizations and individuals The courts perform the function of adjudicating civil, criminal, and administrative cases, ensuring the fair and objective application of the law

It protects the rights and legitimate interests of organizations and individuals through the resolution of disputes, complaints, and denunciations The courts also have the responsibility to protect the interests of the disadvantaged in society, such as children, the disabled, and the elderly Additionally, the courts maintain social order, protect national security, and build a just and civilized society The courts also contribute to raising the legal awareness of the people and promoting socio-economic development

2.2.3 Contributing to the education of citizens and enforcement of legal compliance

Through public trials, people have access to legal knowledge, better understand their rights and obligations, thereby raising their awareness of law observance Court judgments also contribute to deterring and educating law violators, building a fair and civilized society The People's Court organizes many activities such as: legal talks, distributing leaflets and propaganda posters Thanks to that, people improve their legal awareness, clearly understand their rights and obligations, and voluntarily comply with the law

III Organization of The People’s Court

People’s Court System:

The highest court in the country is the Supreme People's Court Underneath the Supreme People's Court are three levels of courts: the superior people's courts, of which there are three; the provincial-level people's courts, of which there are 63; and district-level people's courts, which is the lowest level The superior courts are appellate courts based in Hanoi, Danang, and Ho Chi Minh City, each responsible for the northern, central, and southern region of the country, respectively Provincial and municipal courts are both trial courts and appellate courts, while district courts are trial courts

→ The Supreme People’s Court is the highest judicial body of a country.

Organizational structure of the Supreme People's Court:

The structure of the Supreme People's Court includes:

1 The Judges' Council of the Supreme People's Court, assistant system, and training facilities Specifically, the Judges' Council of the Supreme People's Court consists of 13-17 members, including the Chief Justice, Deputy Chief Justices, and Judges of the Supreme People's Court

2 The assistant system of the Supreme People's Court includes departments and equivalent entities

3 The training and development facilities of the Supreme People's Court are tasked with training and developing judges, jurors, and other positions within the People's Court

Organizational structure of the Superior People's Court:

The structure of the Superior People's Court includes:

1 The Judges' Council of the High People's Court consists of 11-13 members, including the Chief Justice, Deputy Chief Justices, and some senior judges appointed by the Chief Justice of the Supreme People's Court

2 Specialized courts (Criminal Court, Civil Court, Administrative Court, etc.) and juvenile courts In special cases, the Standing Committee of the National Assembly may establish other specialized courts

3 And Assistant System: The Provincial People's Court has jurisdiction to adjudicate cases at first instance as prescribed by law; to hear appeals against judgments and rulings of the District People's Court that have not yet taken legal effect

Specialized Court:

Specialized court is a court organized and assigned the authority to specifically adjudicate cases whose content is governed by separate branches of law: civil law, criminal law, economic law, labor law, and law administrative

IV Recent Developments and Reforms

4.1 Review of the LOPC’s implementation and proposed amendments

The Supreme People’s Court reviewed the implementation over the past eight years of the Law on of People’s Courts (“LOPC”), which took effect in 2015 Some highlights of the

implementation process, as set out in the Supreme People’s Court’s practical report, are as follows: Re-systematization of all levels of courts: The LOPC systematized the court system

in Vietnam, including four levels:

1 Supreme People’s Court

2 Three Superior People’s Courts: 957/NQ-UBTVQH13, dated 28 May 2014, of the Standing Committee of the National Assembly, 3 High People's Courts have been established in the North, Centre and the South of Vietnam as follows: – The High People's Court in Ha Noi; – The High People's Court in Đà Nang; – The High People's Court in Hồ Chí Minh city

3 765 first-instance trial courts (including 702 district courts and 63 provincial courts

4 66 appellate courts (including 63 provincial people’s courts and the three Superior People’s Courts)

In addition, the Supreme People’s Court established four adjudicating agencies for cassation and reopening (including three Judicial Committees of the Superior People’s Court and the Council of Judges of the Supreme People’s Court)

1 Support departments for the court have been strengthened, and policies have been developed to train judges

2 Trial results: From June 1, 2015, to April 30, 2022, the courts have settled 3,187,285 cases of all kinds out of a total of 3,334,915 cases handled (95.57%)

4.2 Draft Amendment of Law on Organization of People’s Courts

In its draft amendment of the LOPC, the Supreme People’s Court identified six major issues to resolve:

1 Completing regulations on positions, functions, tasks, powers, and principles of organization and operation of the court

2 Completing regulations on the organization of the people’s court apparatus

3 Amending and supplementing the name, functions, tasks, and composition of the National Council for Selection and Supervision of Judges

4 Completing regulations on judicial titles in the people’s courts

5 Securing resources to build a modern, effective, and efficient court

6 Renovating and perfecting the mechanism for people’s participation in trials at court Among these six issues, two are of particular interest: