PROMOTING EFFICIENCY OF LAW ON HANDLING WITH VIOLATIONS OF ENFOCEMENT OF THE CIVIL JUDGEMENTS IN VIETNAM TODAY

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY NGUYEN TUAN AN PROMOTING EFFICIENCY OF LAW ON HANDLING WITH VIOLATIONS OF ENFOCEMENT OF THE CIVIL JUDGEMENTS IN VIETNAM TODAY Specialized major: Theory and history of state and law Code: 62.38.01.01 SUMMARY OF DISSERTATION HANOI 2014 The dissertation is completed at: HANOI LAW UNIVERSITY Academic Supervisor: Prof.Dr. Hoang The Lien Reviewer 1: Dr. Dinh Trung Tung Reviewer 2: Prof.Dr. Nguyen Thi Viet Huong Reviewer 3: Dr. Nguyen Cong Binh Dissertation will be examined by the Council of Dissertation Evaluation at Hanoi Law University at date / / 2014 Dissertation is available at: 1) National Library; 2) Library of Hanoi Law University. 1 INTRODUCTION 1. Implication of the dissertation Law on handling with violations of enforcement of the civil judgements is a vital part of the legal system of Vietnam. Therefore, Vietnam should focus on providing and improving law on handling with violations of enforcement of the civil judgements as a key factor for developing and promoting efficiency of legal system. In reality, law on handling with violations of enforcement of the civil judgemens reveals limitations and shortcomings. Due to the lack of comprehensive legal frameworks for handling with violations of enforcement of the civil judgements; therefore, obstacles of this mechanisms have not been handled with promptly. Especially, law on handling with violations of enforcement of the civil judgments in reality has revealed confliction, overlap, and inconsistence with the demands of practice and social life. Many problems occured in handling with violations of enforcement of civil judgments has not been solved, amended, and supplemented timely. In addition, the violations of enforcement of the civil judgments have happened more diversely and complicatedly. Handling with violations of enforcement of the civil judgements which is not strict enough and ineffective has affected nagatively to people’s trust, to the superemacy of laws, and as well as broken the state’s disciplinary. Therefore, the requirement of providing and improving efficiency of law on handling with violations of enforcement of civil judgements is becoming urgent need of Vietnam. Hence, promoting efficiency of law on handling with violations of enforcement of the civil judgements in order to ensure that legal regulates are consistent with practice, to maintain the superemacy of law, to build up an efficient, effective and consistent of legal system for ensuring legal regulations are implemented effectively in reality. Dissertation theme: "Promoting efficiency of law on handling with violation of enforcement of the civil judgements in Vietnam today" is selected according to reasons as mentioned above. 2 2. Subject and Scope of Research Theme Subject of the dissertation illustrates view points, thoughts of handling with violations of enforcement of the civil judgements, the current legal situations as well as sollutions for promoting efficiency of law on handling with violations of enforcement of the civil judgements. The scope of dissertation focuses on summarizing and systematizing and briefly explaining theory of promoting efficiency of law on handling with violations of enforcement of the civil judgements; evaluating the good points and weaknesses of this issue and proposing solutions to further improve efficiency of law on handling with violation of enforcement of the civil judgements in Vietnam today. 3. Research Methodology The dissertation has been carried out basing on the methodology of Marxism - Leninism in addition with the other methodologies such as: systems, analysis, comparison, synthesis, statistics, specific historical study, baseline surveys, and comparative study between legal theory and practice. 4. Research objectives and study mission The aim of this research is to propose measures to further promoting efficiency of law on handling with violations of enforcement of the civil judgments. In order to reach the above mentioned objectives, the research focuses on: analyzing, clarifying the concepts, characteristics and the role of law on handling with violations of enforcement of the civil judgments; identifying the concepts, features, contents and the forms of law enforcement of the civil judgements; proposing the objectives and solutions to promote efficiency of law on handling with violations of enforcement of the civil judgments; and briefly determining the criterias for evaluating efficiency of law on handling with violations of enforcement of the civil judgments.This dissertation also evaluates the current problems and efficiency of law on handling with violations of enforcement of civil judgements. This research analyzes the 3 principles as well as solutions for promoting efficiency of law on handling with violations of enforcement of the civil judgements. 5. Research’s contribution to legal sience Dissertation contributes to legal science as follows: introducing the concept, features, contents and the role of law on handling with violations of enforcement of the civil judgements; defining the concept and analyzing the features, contents and those forms; clarifying the objectives, content and the rationality of promoting efficiency of law on handling with violations of enforcement of the civil judgments; determining criterias for evaluating efficiency of law on handling with violations of enforcement of the civil judgments; analyzing and evaluating the good points and weaknesses as well as achievements and restrictions of law on handling with violations of enforcement of the civil judgments. This paper also analyzes principles for evaluating efficiency and solutions to promote efficiency of law on handling with violations of enforcement of civil judgements. 6. Research’s implication in theory and practice aspects Results of the research will contribute to theory of enforcement, law on enforcement of civil judgments and law on handling with violations of enforcement of the civil judgments; provide scientific and practical arguments as valuable references for providing and promoting efficiency of law on handling with violations of enforcement of the civil judgments. This dissertation can be good references for researching, teaching in legal training institutions and judicial vocational training institutions. 7. Structure of the dissertation The dissertation includes 4 chapters in addition with the other sections such as: introduction, conclusion, list of references, and appendices. Chapter 1 OVERVIEW OF STUDIES RELATED TO RESEARCH TOPIC Many research related to promulgating and reforming legal system in Vietnam have been carried out through evaluating and examining 4 comprehensively in both legal theory and practice aspect. However, those researches only mention generally and broadly the solutions to promoting efficiency of legal system in Vietnam. 1.1. Content of researches related to the dissertation In order to reach research’s objective, the study of previsous researches related to the theme of dissertation focuses on the following aspects: handling with violations of enforcement of the civil judgments; law on handling with violations of enforcement of the civil judgments. 1.2. Evaluating results of studies directly related to the dissertation theme Advantages: Previous studies indicate that handling with violations of enforcement of the civil judgments is one of the most important contents and it is essential for handling strictly with violations in enforcement of the civil judgments. In addition, these studies also indicate that violation of law on enforcement of civil judgments have happened popularly and carried out in diversify maner. These researches also raise practical requirements to strengthening legislation and to strictly handling with violations of enforcement of the civl judgments. Disadvantages: The researches related to promoting efficiency of law on handling with violations of enforcement of the civil judgments are quite limited. In addition, these papers only focus on analyzing and determining some kind of violations in general but not studying deeply the differences of each violations of enforcement of civil judgments. The studies related to violations, handling with violations, and impact violations to the process of enfocement of the civil judgements have not yet carried out comprehensively and have remained many limitations. These related researches have not yet identified the importance of law and propose the sultions to promoting efficiency of law on handling with violations of enforcement of the civil judgments. In addition, these research papers have not yet focused on the contents which required to study deeply in order to determine solutions for promoting efficiency of law on handling with violations in enforcement of civil judgments. 5 Conclusion of chapter 1 1. At present, the researches related to the law on handling with violations of law enforcement of the civil judgments are still limited. 2. The previous researches have not mentioned and clarified the contents which are needed to be studied deeply. 3. Dissertation theme: "Promoting efficiency of law on handling with violations of enforcement of the civil judgments in Vietnam today" will focus on researching, analyzing and clarifying the theory of promoting efficiency of law on handling with violations of enforcement of the civil judgments in theory; the current pratice and improvement of law on handling with violations of enforcement of the civil judgments; consequently, the solutions to improve law on handling with violations of enforcement of the civil judgments will be proposed basing on aboved analysis. Chapter 2 THEORETICAL GROUND FOR PROMOTING EFFICIENCY OF LAW ON HANDLING WITH VIOLATIONS OF ENFORCEMENT OF THE CIVIL JUDGMENTS 2.1. Concept, features and the meaning of law on handling with violations of enforcement of the civil judgments 2.1.1. Concept of handling with violations of enforcement of the civil judgments Violations of enforcement of the civil judgments are illegal acts, guilty carried out by individual or legal person causing damage to the other subjects that defined and protected by law in process of enforcement of the civil judgments. Violations of enforcement of the civil judgments include: administrative violations; crimes; violations of civil law regulations; disciplinary violations; law violations causing damages in public duty enforcement; legal violations causing damage to the civil judgment enforcement agencies. 6 Legal liability refers to a negative measure applied for a individual or legalperson who violates legal regulations on enforcement of the civil judgments, and this liability is defined by legal regulations on handling with violations of enforcement of civil judgments. Liability applied in process of enforcement of the civil judgments includes: administrative liability; criminal liability, civil liability, disciplinary liability, compensation liability when public official carries out public duty; liablity for compensation of state organ and liability for reimbursement of public official are applied in case of causing damages to enforcement of the civil judgments. Handling with violations of enforcement of the civil judgments is legal application activity carried out by state agencies and competent person, which indicates enforcement nature and state power in order to detect, prevent and handle with violations of enforcement of the civil judgment carried out by various forms, measures and under the procedures prescribed by laws. Handling measures for violations of law on enforcement of the civil judgments includes: administrative sanctions, criminal penalties, disciplinaries, and the other handling measures related to: civil violations; violations causing damages when public official carries out public duty; and, violations caused damage to civil judgment enforcement agencies. 2.1.2. Basic characteristics of handling with violation in civil judgment enforcement - Handling with violations of enforcement of the civil judgments is legal application activity carried out by state agencies and competent person; mainly focuses on applying coercive sanctions which indicate enforcement nature and state power to individual or legal person that violated the law on enforcement of the civil judgments prescribed by laws. - Handling with violations of enforcement of the civil judgments is a process includes activities of detecting, preventing and handling with violations in the enforcement of civil judgments by various forms and measures and implementating organization towards handling with those violations in accordance with the law. 7 - Handling with violations of enforcement of the civil judgments is only applied for violations which happend in process of enforcement of the civil judgements. - Handling with violations in process of enforcement of the civil judgments is guaranteed by state power. - Handling with violations of enforcement of the civil judgments must be carried under the procedures prescribed by laws on handling with violations of enforcement of the civil judgments. - Handling with violations of enforcement of the civil judgments has specific features which are criterias for determining the differences with the other measures for handling with violations in various fields of social life. 2.1.3. Meanings of handling with violations of enforcement of civil judgments Handling with violations of enforcement of the civil judgments is the siginficant measure for: preventing and dealing with violations of enforcement of the civil judgments; ensuring the fairness in the field of enfocement of the civil judgments; ensuring the binding of civil judgements or decisions carried out under legal regulations on handling with violations of enforcement of the civil judgments; improving quality and effectiveness of enforcement of the civil judgment; ensuring that the legal regulations on enfocement of the civil judgment are implemented correctly, strictly and effectively in practice; to contribute partially to process of promoting social security in process of enfocement of the civil judgment; educating and raising public awareness of law on enforcement of the civil judgments. 2.2. Concept, features, contents and forms of law on handling with violations of enforcement of civil judgments 2.2.1. Concept of law on handling with violations of enforcement of the civil judgments Legal frameworks of handling with violations of enforcement of the civil judgments consist of legal regulations applied for all activities causing damage to individual or organization in process of handling with violation of enforcement of the civil judgement. Legal frameworks of handling with violation of enforcement of the civil judgements include: regulation on 8 sanctioning of violations; liability; subjects who bear liablity; time limitation for handling with vilolations, forms and measures of handling with violations; competent agencies or person to deal with violations; procedures for violations handle, complaints and denunciations settlement in process of civil judgement enforcement. 2.2.2. Features of law on handling with violations in enforcement of civil judgments - Law on handling with violations of enforcement of the civil judgments includes legal regulations applied for illegal acts that violate regulations prescribed by law on civil judgement enforcement. - Legal frameworks for defining violations and violation handle in civil judgement enforcement reflect specific features in process of enforcing civil judgements. - Legal frameworks for handling with violations of enforcement of the civil judgments defines the process of excersing state power in order to deal with violations happened in process of civil judgement enforcement by the measures and forms that prescribed by laws. - Contents of law on handling with violations of enforcement of the civil judgments are provided variously. - Legal regulations on handling with violations of enforcement of the civil judgments are provided by different types of legal normative documents. - Law on handling with violations of enforcement of the civil judgments related tightly to the law on handling with violations of enforcement of the civil judgments as well as the other laws. - Law on handling with violations of enforcement of the civil judgments has specific features that are criterias for distinguish with law on handling with violations in other fields of social life, especially to related fields. 2.2.3. Content of law on handling with violations of enforcement of the civil judgments [...]... international integration period 10 2.3.2 Meanings of promoting efficiency of law on handling with violations in enforcement of civil judgments Promoting efficiency of law on handling with violations of enforcement of the civil judgments plays important role as well as responds to current needs of Vietnam Promoting efficiency of law on handling with violations of enforcement of the civil judgments will contribute... properly the wills and aspirations of people; the supremacy of law principle is strengthened in process of promulgating, developing and improving the law on handling with violations of enforcement of the civil judgments 4.2 Solutions for developing and promoting efficiency of law on handling with violations of enforcement of the civil judgments 4.2.1 Solutions for promoting efficiency of law on handling with. .. of law on handling with violations of enforcement of civil judgments CONCLUSION 1 Law on handling with violations of enforcement of the civil judgements consists of all legal regulations on handling with violations causing damages to social relations, and happening in process of organizing and implementing civil judgement, in which, handling with violations in enforcement of civil judgements is defined... situation of promoting efficiency of law on handling with violations of enforcement of the civil judgments 15 3.2.1 Advantages, achivements and causes of promotion efficiency of law on handling with violations of enforcement of the civil judgments 3.2.1.1 Advantages and achivements of promoting efficiency of law on handling with violations of enforcement of the civil judgments - During the process of formulating... enforcement of the civil judgments Conclusion of chapter 4 1 Promoting efficiency of law on handling with violations of enforcement of the civil judgments must follow fundamental principles In addition, the process of improving law on handling with violations of civil judgments enforcement has to meet the typical requirements of civil judgment enforcement in Vietnam 2 Promoting efficiency of law on handling with. .. PROMOTING EFFICIENCY OF LAW ON HANDLING WITH VIOLATION OF ENFORCEMENT OF THE CIVIL JUDGMENTS 4.1 Principles of promoting efficiency of law on handling with violations of enforcement of the civil judgments 4.1.1 General Principles 4.1.1.1 Promoting efficiency of law on handling with violations of enforcement of the civil judgments is an urgent need for building socialist rule of law state of Vietnam 19... improving law on handling with violations of civil judgement enforcement continuously 6 Promoting efficiency of law on handling with violations of enforcement of the civil judgements should be carried out comprehensively through both contents and forms of law 7 In order to continue promoting efficiency of law on handling with violations of enforcement of civil judgements, all solutions for promulgating,... promoting efficiency of law on handling with violations of enforcement of the civil judgments There is also limitation in understading about the needs for promoting efficiency of law on handling with violations in enforcement of civil judgments The State has not made master and strategic plans for improving law on handling with violations of enforcement of civil the judgments In addition, civil judgment... regulations on handling with violations of civil judgments enforcement 5 In order to promote efficiency of law on handling with violations of enforcement of the civil judgments, it is essential to raise public awareness 23 about the meaning of improving law on handling with violations of enforcement of the civil judgments 6 The implementation of law plays important role in process of promoting efficiency of. .. Definition of law on handling with violations of enforcement of the civil judgments Promoting efficiency of law on handling with violations of enforcement of the civil judgments in prossible defined as the activities of different state agencies, organizations and individuals, basing on specific principles, through utilizing various forms and measures to promote efficiency of law on handling with violations . violations of enforcement of civil judgments 2.3.1. Definition of law on handling with violations of enforcement of the civil judgments Promoting efficiency of law on handling with violations of. efficiency of law on handling with violations of enforcement of civil judgements is becoming urgent need of Vietnam. Hence, promoting efficiency of law on handling with violations of enforcement of the. international integration period. 10 2.3.2. Meanings of promoting efficiency of law on handling with violations in enforcement of civil judgments Promoting efficiency of law on handling with