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VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES *** HUYNH TAN DAT PREVENTING CRIMES OF OWNERSHIP INFRINGEMENT CARRIED OUT BY JUVENILE IN THE AREA OF HO CHI MINH CITY Major: Criminology and Crime Prevention Code : 62.38.01.05 SUMMARY OF LAW PHD THESIS HANOI - 2017 This dissertation completed at GRADUATE ACADEMY OF SOCIAL SCIENCES Academic supervisor: Assoc.Prof.Dr CAO THI OANH Reviewer 1: Assoc.Prof.Dr TRAN DINH NHA Reviewer 2: Assoc.Prof.Dr NGUYEN VAN HUYEN Reviewer 3: Prof.Dr HO TRONG NGU The dissertation will be defended at the Council of doctoral dissertation assessment of Graduate Academy of Social Sciences - Time:… hours, date………, month……… year 2017 The dissertation could be found at: - Vietnamese National Library - Library of Graduate Academy of Social Sciences LIST OF SCIENTIFIC WORKS OF THE AUTHOR The role of education for crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City, Journal of Educational Management Science, ISSN: 2354-0788, No (07), September 2015 Collaboration of legal support and lawful education dissemination in high schools contributing to the prevention of juvenile offenders in in the area of Ho Chi Minh City, Journal of Educational Management Science, ISSN: 2354 - 0788, No 01 (09), March 2016 Solutions to prevent juvenile offenders in in the area of Ho Chi Minh City, Journal of Industry and Trade, ISSN: 0866-7756 No 8, July 2017 Some recommendations on the prevention of crimes of ownership infringement carried out by juvenile in in the area of Ho Chi Minh City, Journal of Industry and Trade, ISSN: 0866-7756 No 9, August 2017 There is no Birth Certificate, How to register Birth Certificate , Ho Chi Minh City’s Law Newspaper, Wednesday, 05th November 2014 Birth Certificate should be solved for children, Ho Chi Minh City’s Law Newspaper, Tuesday, February 24, 2015 To assist Household Registration Book is still difficult, Ho Chi Minh City Law Newspaper, Tuesday, June 16, 2015 There is no house, no guarantee: "Obstructing" Identity Card, Household Registration Book, Ho Chi Minh City Law Newspaper, Saturday, June 11,2016 INTRODUCTION The rationale of the research topic Due to the impact of many factors, so the situation of crimes of ownership infringement does not tend to decrease but develop complicatedly, tends to increase in terms of level, action, structure and the nature of danger; robberies, burglary carried out by juveniles, causing security disorder and confusion among people, the quality of life of people is threatened, fear every time when going out; the state budget has to pay a great deal for investigating, prosecuting, adjudicating and executing judgments; crimes of ownership infringement not only infringe on citizenship but its consequences are extremely serious about the lives and health of the property holders It is worrisome that among the offenders of ownership infringement, the number juvenile delinquent accounts for significant ratio The situation in general and the crimes carried out by juveniles in particular is complicated development, causing damage in many aspects for social life is being a challenge for the Party and the city administration To accomplish the above purpose, the important task is to well the general prevention of situation of juveniles delinquent of ownership infringement For this reason, the author chose the topic "Preventing of crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City" as a doctoral dissertation in jurisprudence Aims and research tasks 2.1 Research aims On the basis of a systematic and comprehensive approach to the prevention of crimes in general as well as the prevention of crimes of ownership infringement carried out by juveniles in particular in both theoretical and practical grounds, finding out difficulties, obstacles and inadequacies in crime prevention activities, the dissertation proposes measures and recommendations to improve the prevention activities of crimes of ownership infringement in general and in Ho Chi Minh City in particular 2.2 The tasks of the dissertation To survey and evaluate the overall situation of research inside and outside the country, general arguments about crimes of ownership infringement carried out by juveniles Theoretical study on the prevention of crimes of ownership infringement Assessing the situation of crime prevention activities in general of the Investigation Police on social order crimes under Ho Chi Minh City’s Police force, Ho Chi Minh Political System for crimes of ownership infringement carried out by juveniles in Ho Chi Minh City in recent years, the advantages, difficulties and causes of conditions of the crime and proposed solutions to overcome Subject and scope of research of the dissertation 3.1 Research subject of the dissertation The dissertation deals with theoretical and practical issues preventing crimes of ownership infringement carried out by juveniles, causes for the emergence and development of these crimes and suggests solutions to the general prevention of Departments, branches, unions, socio-political organizations, law enforcement agencies in the prevention, legal violation of crimes of ownership infringement carried out by juveniles 3.2 Research scope of the dissertation - The dissertation is focused on the study of scope of criminology and crime prevention, in which the research focus is on scope juveniles committing ownership infringement - Spatial scope: The dissertation was surveyed in the specific area of Ho Chi Minh City - Time Scope: The dissertation was studied from 2007 to 2015 Methodology and research method 4.1 Methodology of the dissertation: The dissertation was done on the basis of the materialist dialectics of Marxism-Leninism and Ho Chi Minh's thought; guidelines and viewpoints of the Party and the laws of the State of Vietnam on crime prevention, in order to ensure social order and safety, including prevention of the crime of ownership infringement carried out by juveniles in Ho Chi Minh City 4.2 Research method Research methods of the dissertation include: - Statistical method, annual review of the Investigation Police on social order under Public Security of Ho Chi Minh City; People's Court of Ho Chi Minh City; People's Procuracy of Ho Chi Minh City - Method of sociological investigation at the seminars, annual review of the law enforcement agencies in the prevention and crime fighting - Method of analysis, comparison and synthesis - Method of survey and direct interviews juveniles committing ownership infringement in prisons in Ho Chi Minh City, where the author of the dissertation participate in the defense New contributions of the dissertation - The dissertation studied the status of crimes of ownership infringement carried out by juveniles in Ho Chi Minh City from 2007 to 2015 - The dissertation has studied the synchronous system of preventive measures for crime group of ownership infringement carried out by juveniles in Ho Chi Minh City - The results of the dissertation will contribute to the clarification of the status of crimes of ownership infringement carried out by juveniles; cause, condition, the crime situation of this group aims to find out solutions to effectively prevent the crimes of ownership infringement carried out by juveniles in Ho Chi Minh city - The dissertation pointed out some short, medium and long-term forecasts on the status of crimes carried out by juvenile in the coming time in Ho Chi Minh City Proposing basic solutions to prevent crimes of ownership infringement carried out by juveniles in Ho Chi Minh city - The dissertation analyzes the advantages, difficulties, obstacles of the situation of preventive activities for crimes of ownership infringement carried out by juveniles in Ho Chi Minh city Theoretical and practical significances of the dissertation 6.1 In terms of theory - The proposals and proposals of the dissertation can be used as a reference for the authorities in the prevention of crimes of ownership infringement carried out by juveniles - The research results of the dissertation can be used as a source for studying, referencing, teaching and studying criminological subjects in the system of training schools 6.2 In terms of practice The study of the topic aims to propose a system of general preventive measures for the society in the case of crimes of ownership infringement carried out by juveniles in Ho Chi Minh City in particular Chapter layout of the dissertation Apart from the introduction, the conclusion, the list of reference and the appendices are organized as follows: Chapter Overview of the research situation Chapter Theoretical issues on preventing crimes of ownership infringement carried out by juveniles in Ho Chi Minh City Chapter Current situation of prevention of crimes of ownership infringement carried out by juveniles in the area of Ho Chi Minh City Chapter Solutions to improve effectiveness of preventing crimes of ownership infringement carried out by juveniles in Ho Chi Minh City Chapter OVERVIEW OF THE RESEARCH SITUATION 1.1 Research situation 1.1.1 Foreign researches 1.1.1.1 Research works on theoretical issues on crime prevention carried out by juvenile In the world, the issue of preventive theology on juvenile delinquency has many works by the authors: Author Ueda Can of Japan with work on violence in the high schools (Crime and criminological study in modern Japan - translated materials, publishing house of the People's Public Security, 1994); Crime Prevention Programs, Crime Prevention Information among juvenile of the UK: Bob Ashford's Crime Prevention strategy among juvenile 2007; Child-friendly investigations by foreign authors in the Unicef, redited by Police Department for Criminal Investigation of Social Order, General Department VI, Ministry of Public Security, May 2007; Authors of GIXe-Tra-Rop in the body crime prevention research (Criminal Research Science, Public Security Science Institute, Hanoi, 1977) analyzed the criminological characteristics of murder and serious injury There are also studies on the theoretical issues for prevention of crimes of ownership infringement carried out by juveniles Juvenile Delinquency: Theory, Practice and Law by Professor Larry J Siegel; A Century of Juvenile Justice by Professor Franklin E Zimring (Professor of Jurisprudence and Director of the Institute for Legal Studies at the University Chicago, USA); Juvenile Delinquency: An Integral Approach by James Burfeind; Juvenile Delinquency: The Core by Professor Larry J Siegel; Brandon C Welsh (the United States); Juvenile Delinquency by Professor Donald J Shoemaker; School Crime and Juvenile Justice by Professor Richard Lawrence 1.1.1.3 Studies on the preventive status and solutions for the application of legal procedures, lawful policy and policy for the prevention of crimes of ownership infringement carried out by juvenile The Juvenile Justice System: Delinquency, Processing, and the Law of Dean J Champion; Crime, Litigation and the Law; Girls, Delinquency, and Juvenile Justice by Professor Meda Chsney Lind and Professor Randall G Shelden 1.1.2 Domestic researches 1.1.2.1 Studies on theoretical issues on crime prevention Ngo Ngoc Thuy; Vo Khanh Vinh; Ly Van Quyen (1998), Criminological Textbook , Hanoi Law University, People's Public Security Publishing House; Nguyen Xuan Yem, (2001), Modern Criminology and Crime Prevention, People's Public Security Publishing House; Vo Khanh Vinh (2011) Criminology textbook (reprinted) This is a theoretical manual on criminology, in which the concept of criminology is explained very clearly 1.1.2.2 Studies on the theoretical issues on prevention of crimes of ownership infringement carried out by juvenile Nguyen Xuan Thuy, (1997), Ph.D dissertation in jurisprudence: Prevention and Fight against juvenile delinquency in Today's Conditions in Vietnam, Hanoi National University; Nguyen Xuan Yem, (2004), Prevention of juvenile delinquency- the responsibility of family, the school and society, People's Public Security Publishing House; Do Ba Co, (2000), The People's Police Textbook: Working with children against the Law of the People's Police University (now the People's Police Academy), issued by the People's Public Security Publishing House 1.1.2.3 Studies on the status and measures to strengthen the prevention of crimes of ownership infringement carried out by juvenile Tran Quang Tiep, (2005), collaboration between families, schools and society in crime prevention and combat, Journal of State and Law; Trinh Quoc Toan, Tran Quang Tiep, Nguyen Duc Binh - H., (2007), juvenile delinquency in Hanoi - current situation and solutions: monographs, People's Police Publishing House; Le Tan Tien, (2014), PhD dissertation in jurisprudence: Activities of the crime investigation police force on social order in the prevention of crime caused by juvenile delinquency in the South West region of Vietnam; Luu Hoai Bao, (2014), Some Crime Prevention solutions by juvenile delinquency, Journal of Procuracy, No 14/2014; Huynh Tan Dat (2015), The role of education in juvenile delinquency cases in Ho Chi Minh City, Journal of Educational Management Science; Huynh Tan Dat (2016), Collaboration of legal aid and popularization of law education in general schools contributes to prevent juvenile delinquency in Ho Chi Minh City, Journal of Educational Management Science 1.2 An overview of the research situation Overseas studies have had a very rich and profound approach to juvenile delinquency, the level of the impact of crime on the social and cultural life of each different country; the views of each country's policy are not similar However, in different countries, the crime situation is different Prevention solution in this country is effective but in other countries, it does not apply, depending on that country’s political and economic conditions In overview, these works have not been studied in depth and focused on prevention of crimes of ownership infringement carried out by juvenile Research results of scientific projects in the country in the past years are important in researching the topic of preventing crimes of ownership infringement carried out by juvenile, helping PhD candidate has an overview of theoretical as well as practical aspects of preventing crimes of ownership infringement carried out by juvenile and the role of the political system in preventing and suppressing this crime It can be seen in all the mentioned documents, are approached, studied in different angles, different aspects, space, and time difference Therefore, each work, document has valuable contributions, research with significant implications for the prevention of crime in general The most common of the works, the summary documents, monographs are generalizations of high theoretical and practical value 1.3 The issues that should be further studied in the dissertation Documents carefully analyzed, n-depth theory of preventing crimes of ownership infringement carried out by juvenile has not addressed the issue of both theoretical and substantive issues, the causes and consequences of ownership infringement of juvenile delinquency in Ho Chi Minh City, a big city with many specific characteristics A number of studies have surveyed, but are highly generalized, preliminary to this kind of crime; some researches on legal proceedings and penalty decisions for juvenile delinquency There is no any research that studies specifically, systematically and in depth on preventing crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City, the function and task of prevention subjects; the status of theoretical basis, legal-political basis; ideology and leading view of the Party Committee, the People's Council, the People's Committee and the mass organizations of Ho Chi Minh City Therefore, the research on the dissertation “Preventing crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City" will not be duplicated In addition to drawing a clear picture of the status of preventing crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City, theory from the standpoint of the practice of advocacy for juveniles committed ownership infringement of legal aid in Ho Chi Minh City will further clarify the left issues, this is certainly the new research way is expected CONCLUSION OF CHAPTER An overview of theoretical and practical issues related to crimes of ownership infringement carried out by juvenile has shown that in all countries, crime prevention is essential, as reflected in the profound accessible researches juvenile delinquents; crimes in each country are different, scientific studies have identified the need for effective preventive measures to limit the crime situation However, the works mentioned above have not been studied in depth and focus on preventing crimes of ownership infringement carried out by juvenile Chapter of the purpose of pre-preventing crime from occurring Secondly, the prevention of ownership infringement is also the application of state measures to fight in order to promptly detect and handle criminal offenses in order to continue to prevent crime 2.2.2 Significance of preventing crimes of ownership infringement carried out by juvenile Preventing crimes of ownership infringement carried out by juvenile is important in protecting people, protecting property rights and deepening humanity 2.3 The political - legal basis of preventing crimes of ownership infringement carried out by juvenile in the area of 2.3.1 Theoretical background for preventing crimes of ownership infringement carried out by juvenile Prevention of ownership infringement is an activity that affects the cause and condition that gives rise to crimes, just in time to detect and handle crimes The author will present three issues: The first issue: Theoretical issues of crime prevention have been acknowledged in the Vietnamese criminology science as the basis for the prevention of ownership infringement: The research issue here is to find out the causes, the conditions of crimes of ownership infringement carried out by juvenile stipulated in Chapter XVI, Criminal Code 2015 from Article 168 to Article 180, is a criminal offense against ownership infringement The second issue: Theoretical issues on crime prevention prepared by the dissertation author as the basis for the prevention of ownership infringement: Prevention of criminal groups is the application of social measures and the state affect the causes and conditions of criminal groups in order to pre-prevent the criminal group from occurring and to promptly detect and handle the crime group The dissertation argues that the prevention of crime groups manifests itself at two levels: First level: Prevention of crime situation is the use of state and social measures that affects the phenomena and social processes that are capable of inducing and promoting crime emerging in which criminal groups are under investigation; 10 Second level: Prevention of criminal group is done by preventing specific crimes belong to that criminal group means interpreting the interaction of external objective factors with the characteristics of the identity of the individual leads to the formation of a criminal motive The third issue: Theoretical issues on crime group prevention in a particular area Prevention of ownership infringement in one area, region, not only based on crime situation and analysis of the causes and conditions of criminal groups, but also based on the status of crime prevention in that area or region This includes the status of the theoretical system for prevention; the status of the political and legal basis; organization status, coordination of forces, prevention organizations and the actual implementation and application of measures to prevent criminal groups 2.3.2 The political foundation for preventing crimes of ownership infringement carried out by juvenile in the area of The Party's platform said, "The Party has conducted a fierce struggle against all forms of parasitism and labor laziness, setting the task of giving back labor for those who have left this life The purpose of the Party’s platform in building the Socialist Republic of Vietnam is to satisfy the material and spiritual needs of the people more and more through the labor of production, development, perfection and non-stop of social production, to achieve that goal, it can not be separated from the education of the working people In concretizing the guideline of the Party, the Government issued Resolution No 09/1998 / NQ-CP dated July 31, 1998 on strengthening the prevention of crimes in the new situation 2.3.3 The legal basis for the preventing crimes of ownership infringement carried out by juvenile The goal is to maintain the law discipline, enhance the awareness of law observance among people, at all levels, branches, in units, schools, families and expand to the whole society Penal Code 2015 in Chapter XVI from Article 168 to Article 180 2.4 The purpose and principles of preventing crimes of ownership infringement carried out by juvenile Prevention of crime is aimed at limiting and eliminating the causes and conditions of crime in order to reduce criminals step by step to eliminate criminals from the social life 11 Purpose of preventing crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City is the overall application of economic, political, ideological and legal measures taken by the agencies, organizations and citizens under the leadership of the Party, government, political organizations, social organizations and individuals of the city to remove or invalidate the causes and conditions of crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City in order to achieve the goal is not to let crimes occur, to reduce crimes and to completely eliminate the situation of crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City from social life Crime prevention activities must comply with the following principles: socialist legal principle; Principle of socialist democracy; Socialist humanitarian principle; advance scientific principle; Principle of close coordination of prevention activities between subjects of crime prevention; Specific principle of preventive activity 2.5 Classify measure of preventing crimes of ownership infringement carried out by juvenile Basically, there are four measures to prevent crimes of ownership infringement carried out by juvenile: preventing crimes of ownership infringement carried out by juvenile according to the common social level; preventing crimes of ownership infringement carried out by juvenile according to criminological level; preventing crimes of ownership infringement carried out by juvenile according to the territorial scope; preventing crimes of ownership infringement carried out by juvenile according to nature of the prevention 2.6 The subject of preventing crimes of ownership infringement carried out by juvenile Crime prevention is an activity that requires close co-operation between state agencies, social organizations and individual citizens, which is the responsibility of the whole of society Prevention of ownership infringement is conducted on the basis of a variety of measures taken by different subjects based on certain principles; is a whole body composed of components so this activity is not a separate task of a subject, a geographical area or a country that needs to be coordinated, unified and especially linkage with international cooperation in crime prevention In addition, prevention of this group of criminal can 12 only be carried out by eliminating the elements, processes of its formation and at the same time promoting other positive phenomena and processes aimed at preventing crime from occurring CONCLUSION OF CHAPTER Chapter of the dissertation solves the following fundamental issues: Firstly, to define the concept, legal characteristic of the crimes of ownership infringement as provided for in Chapter XIV from Article 133 to 145 of Penal Code 1999 as amended by Chapter XVI from 168 to 180 (Criminal Code 2005); Secondly, to define the concept and significance of prevention of ownership infringement, including: The nature of the prevention of the situation of crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh, it is essential that an impact on the cause and condition of ownership infringement in order to eliminate the causes of criminal conditions, thereby preventing the crime from occurring; Thirdly, to determine the basis of the prevention of the situation of crimes of ownership infringement including the theoretical basis, political basis - legal and practical basis Fourthly, to identify the principles of prevention of the situation of the crimes of ownership infringement, which are the principle of law, the principle of democracy, humanitarian principle, scientific principle of progress, the principle of closely coordinating the activities of the subjects of the prevention, the specific principle of preventive activity; Fifthly, identifying precautionary measures for the ownership infringement that identified are subject to different criteria; Sixthly, Chapter identifies subjects of prevention of ownership infringement, including leading actors on guideline and policy and actors on implementing plan of crime prevention 13 Chapter CURRENT SITUATION OF PREVENTING CRIMES OF OWNERSHIP INFRINGEMENT CARRIED OUT BY OF JUVENILE IN THE AREA OF HO CHI MINH CITY 3.1 Status of theoretical system and political - legal basis 3.1.1 Status of theoretical system C Marx asserted that "Brutality is characterized by laws that punishes cowardice, because cowardice can only be active when it becomes cruel." V.I Lenin wrote: "In our ideal, there is no space for violence against human." Inherited the thoughts of Marx, Ph Anghen, V.I Lenin proposed and based on the reality of strengthening the education and improving the material and cultural life for the people to facilitate the abolition of negative phenomena and crime According to the thought of President Ho Chi Minh, when crime occurred, it must find ways to limit the damage, not let crimes re-occur to harm the society: "Good society will be a social environment to facilitate the offender to re-educate himself, overcome evil, find the lost human characteristic, the thugs, etc They will have to re-educate themselves according to the great mass of the people " 3.1.2 Current status of political - legal basis - The political - legal basis of preventing crimes of ownership infringement carried out by juvenile Crime prevention and fighting is one of the key, urgent, regular, continuous and long-term tasks for the implementation of the Constitution and the law, contributing to the protection of justice, the protection of human rights and the citizen's rights, to protect the interests of the State, the legitimate rights and interests of organizations and individuals; put under the direct and comprehensive leadership of the Party; over the past years, the crime prevention and fight has been paid attention by the Party and the State to the following documents: - The Directives of the Party Central Committee: Directive No 48CT / TW; Conclusion No 86-KL / TW dated 05th November 2010 of the Politburo; Directive No 09-CT / TW dated 01/12/2011 of the Party Central Secretariat; Instruction No 18-CT / TW dated 04/9/2012 of Party Central Secretariat (Tenure XII, Resolution No 28-NQ / TW dated 25/10/2013 of the Party Central Committee (Tenure XI) Conclusion No 14 95-KL / TW dated 02/4/2014 of the Secretariat of the Party Central Committee (Tenure XII), the Political Bureau's Directive No 46-CT / TW dated 22/6/2015 (Tenure XI); the Party's directive documents are the political basis for the implementation of legal documents - Resolutions of the National Assembly: Resolution No 37/2012 / QH13 dated 23/11/2012; Resolution No 63/2013 / QH13 dated 27/11/2013; Resolution No 64/2013 / QH13 dated 20/11/2013 Resolution No 67/2013 / QH13 dated 29/11/2013; Resolution No 111/2015 / QH 13 dated 27/11/2015 - Resolutions, decrees of the Government, circulars and plans of ministries and branches guiding the implementation of the Party's guidelines and State laws: Resolution No 21 / NQ-CP dated 12/5/2009 government; Resolution No 98 /NQ-CP dated 26/12/2014 of the Government; Resolution No 09/1998 / NQ-CP of July 31, 1998 of the Government; Decision No 1217 / QĐ-TTg dated 06/9/2012 of the Prime Minister; Joint Circular No 01/2011 / TTLT - VKSTC - TANDTC - BCABTP-BLDTB & XH, dated 12/7/2011; Joint Circular No 11/2013 / TTLTBTP-BCA-BQP-BTC-VKSNDTC-TANDTC - The political and legal base of Ho Chi Minh City directs the implementation of crime prevention in area of the city To be aware of the seriousness of the crime situation, the City’s Party Committee, the People's Council and the People's Committee of Ho Chi Minh City issued a resolution on the implementation of 12 key programs and projects of the city In which, the target program with three reductions: crime reduction, drug evils and social evils The City’s Party Committee, the People's Council and the People's Committee also issued many documents on the implementation of the target of reducing crimes; improving quality and efficiency through the movement "All people protect the security of homeland” Ho Chi Minh City has concretized by issuing timely documents, implementing the Plan of protection, care and education of children in 2015 including activities: Activity 1: Communication, education, social mobilization to raise awareness and change behavior to exercise of children's rights Activity 2: To improve the legal system and policies related to the protection, care and education of children and the realization of children's rights Activity 3: Strengthen the participation of departments, 15 mass organizations, economic organizations, social organizations, professional organizations, families, communities, people and children involved in the protection and looking after children, the development of various types of children services, the creation of opportunities for children to exercise the rights of children, especially children with special circumstances Activity 4: Strengthen the organization and improve staffs that work with children at all levels and sectors; to consolidate and develop a network of collaborators and volunteers at the grassroots Improve the quality of monitoring, supervising and evaluating; continue to conduct surveys and statistics on children's situation, preliminary review and evaluation of programs and plans on childcare and protection Develop children record books in family Activity 5: Organize the review and preliminary review of the programs and plans for child protection in Ho Chi Minh City for the period of 2011-2015; Implement Plan No 623 / C45-P6 dated 22/5/2015 of the Criminal Police Department to finalize the target program for child protection for the period 2011-2015 In years, the rate of under-16 offenders accounted for 5.13%, from 16 to 18 offenders accounted for 19.14% 3.2 Situation of organizing force of preventing crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City 3.2.1 In terms of staff force directly perform functions and duties to prevent the crime of ownership infringement carried out by juvenile - The results of preventing crimes of ownership infringement carried out by juvenile Basically, the City’s Party Committee, the People's Council and the People's Committee of Ho Chi Minh City shall carry out the crime prevention in the following aspects: - To proactively and promptly issue instructions, resolutions and plans for legal documents on the prevention of common crimes, which shall serve as a basis for state agencies, social organizations and citizens to properly carry out crimes prevention in accordance with the conditions and reality of crimes in the City area 3.2.2 Current status of the mechanism for the co-ordination among preventive subjects of crimes of ownership infringement carried out by juvenile 16 Most of the activities carried out by the subjects are synchronous with the receipt of directives and resolutions of the Central level so that the implementation levels should include leaders of the Party Committee, People's Council , the People's Committee of Ho Chi Minh City in receiving the general resolution on the prevention of crimes in general, and then depending on the local situation and from counseling consultancy of the law enforcement agencies, especially is the Department of Justice – a leading subject that will promulgate plans and action programs for law dissemination and education 3.2.3 Situation of the causes of the conditions that caused the occurrence of crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City According to statistics from Ho Chi Minh City Police about ownership infringement according to the sex offender from 2007 to 2015, the proportion of male offenders is much higher than that of female offenders, the proportion of male offenders ranging from 80 to 95.6 % above Of 4,484 offenders of ownership infringement of juvenile delinquency, there were 7471 offenders, of which under 14 years old, 369 subjects (4.94%), from 14 to under16 years old, there were 2063 (27.61%) and from 16 to 18 years old, there are 5039 subjects (67.45%) (see Annex I, Table 3.6) The causes are from the physiological mind of the age group of juvenile; caused by family; causes come from the educational environment in schools, causes originated from the economic - cultural social environment CONCLUSION OF CHAPTER Based on the research and reality of the crimes of ownership infringement carried out by juvenile and the use of preventive measures in Ho Chi Minh City from 2007 to 2015, this situation has evolved complexly Juvenile often commits major crimes of property theft, robbery and property robbery Offenders are usually male and tend to be younger; low education level Criminal motives are primarily intended to satisfy one's own material needs Tricks of this type of crime are mainly opportunistic, taking advantage of the loopholes of victims to steal, robbery Through the survey, analysis of judgments and analysis of statistical data of the police, the procuracy, the court, the author of the 17 dissertation found the causes of the situation of ownership infringement carried out by juvenile in the City area The above analysis is based on two important analytical channels as a basis for improving the effectiveness of preventing crimes of ownership infringement carried out by juvenile in particular and for crimes in general Chapter SOLUTION TO ENHANCE EFFECTIVENESS OF PREVENTING CRIMES OF OWNERSHIP INFRINGEMENT CARRIED OUT BY JUVENILE IN THE AREA OF HO CHI MINH CITY 4.1 Forecasting on preventing crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City in the near future Due to many reasons, the status of juvenile violating the law is still complicated and tends to increase The author of the dissertation has predicted: Developments of the situation of crimes of ownership infringement carried out by juvenile; Forecast on the nature of crimes of ownership infringement carried out by juvenile; Forecast on the identity of the crimes of ownership infringement carried out by juvenile; Forecast on the subject of prevention of crimes of ownership infringement carried out by juvenile; Forecast on the structure of crimes of ownership infringement carried out by juvenile; Forecast on the area of operation of crimes of ownership infringement carried out by juvenile 4.2 Solutions to enhance the effectiveness of preventing crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City in the coming time 4.2.1 Strengthening the theoretical and political-legal basis of the prevention of crimes of ownership infringement carried out by juvenile Improving the basis of prevention of crimes of ownership infringement carried out by juvenile in the city area, first of all, improving the legal norms on the right of the juvenile and the law articles against crimes of ownership infringement in our country nowadays Firstly, criminalize some cases of ownership infringement, in case property ownership infringement under the quantitative level 18 Secondly, the non-criminalize some cases of ownership infringement according to the Penal Code in 2015 Specifically, Clause 2, Article 14 of the Criminal Code provides that only prepare to ownership infringement is a crime of robbery (Article 168); Abduction to property appropriation (Article 169) shall be subject to penal liability and prepare for other ownership criminal offenses is not subject to penal liability The level of penalties for cases of preparation to commit property robbery (Article 168) and kidnapping for the purpose of appropriating property (Article 169) in the Penal Code in 2015 Specifically: According to the Penal Code 2015, the person who is going to commit robbery of property (Clause of Article 168) and kidnapping to appropriating property (Clause of Article 169) shall be sentenced to between one and five years of imprisonment Thirdly, the addition of the framework signs of Penal Code in 2015 set a series of signs of condemnation into framework signs in the event of property being encroached upon by the frameworks but having signs of conviction: a) Having been administratively sanctioned for the misappropriation of property, but having also been committing the offense; b) Having been convicted of this crime or one of the offenses stipulated in Articles 168, 169, 170, 171, 172, 174, 175 and 290 of this Code, having not been removed yet from criminal record remission but continue to commit the offense; c) Badly affect on the security, social order and safety; d) Property is the main means of livelihood of the victim and his family; properties are souvenirs, relics, worship items of special spiritual value to the victims " Fourthly, the new points on penalties for ownership infringement The fine is the main penalty for some criminals This step concretizes the policy of extending the application of non-deprivation penalties in general and the fine in particular as stated in Resolution No 49 / NQ-TW dated 2nd June 2005 of the Politburo on the judicial reform strategy until to 2020 + Improve the legal - legal basis to prevent crimes of ownership infringement carried out by juvenile Develop transition programs after serving a prison sentence, preparing life skills and professional skills necessary for reintegration of the prisoner - The Party Committee, the People's Council and the City People's Committee should promptly issue legal instructions and resolutions related 19 to the prevention of crimes of ownership infringement carried out by juvenile 4.2.2 Strengthening the prevention of crimes of ownership infringement carried out by juvenile in Ho Chi Minh City Strengthening human resources to prevent crimes of ownership infringement carried out by juvenile Improving the work capacity and qualifications of the subjects is one of the most important measures to strengthen human resource; know the law, understand the law will help the propaganda, prevention better The school and the family should have knowledge about Vietnamese law, especially the laws related to the juvenile delinquency, which directly affect the perception, as well as the physiology of the juvenile Enhance the coordination of the activities of the individuals involved in the prevention of crimes of ownership infringement carried out by juvenile Police of units and localities actively advise Party committees, administrations, branches and relevant mass organizations in organizing the effective implementation of Directive No 48 / CT-TW dated 22 October, 2010 of the Politburo on "Strengthening the Party leadership on crime prevention in the new situation"; To raise the efficiency of the basic professional work of the police force in the management of subjects with conditions and probable offenses as well as manifestations of criminal offenses; Strengthening the coordination between forces in the management of the area, strengthening the management of household registration book, tight management, clear understand fluctuations of the types of objects and subjects of mobile operation; to well work on duty, fighting readiness, and receive statistics of the incident Timely verify, investigate when receiving the message, denounce the ownership infringement; especially crimes of theft, robbery, fraud and appropriate property; innovate and strengthen propaganda work, raise the awareness of vigilance, prevention ownership infringement, consolidate and expand the self-management models of security and order 4.2.3 Strengthen the implementation and application of measures to prevent crimes of ownership infringement carried out by juvenile in Ho Chi Minh City 20 Using social and state measures to influence the causes and conditions of crime to pre-prevent crime from occurring and to take timely measures to detect and handle crimes in order to continue crime prevention Shorten the gap between the rich and the poor among the population groups Guidelines, policies and plans should be put in place to dilute the population density in the central area Multidimensional poverty reduction and famine alleviation, social security Appropriate measures to ensure juvenile to go to school Strengthening cultural, educational, psycho-social measures Youth Union, City Women's Union, Veterans Association, Elderly Association must regularly organize legal education activities, ethics for the juvenile Schools and families need to take measures to enhance and develop the personality, talents as well as the physical and mental capabilities of the juvenile Provide information and guidance on vocational training, career development Actively emotional support, avoid psychological abuse on the juvenile Improve the law system of enforcement of judgment in general and the juvenile in particular: To regulate the procedures for victims and witnesses as children in the Criminal Procedure Code, such as: When interviewing children must have their relatives, creating the most comfortable psychology for children Establish a specialized court to handle the cases related to the juvenile Although the law now provides that the courts have established family courts and juvenile courts at the provincial and city levels, the district level does not mention Therefore, there is no specialized judge, trained in skills, physiology of the juvenile So that, the author of the dissertation still recommend the establishment of a specialized juvenile court The right to a person who is 14 years of age or older must be issued with the identity card (citizen identification card), suitable for the age of being liable in accordance with the Penal Code 2015 without being dependent on household registration book The police force, militia and civil defense forces shall intensify patrols, ambush secretly and regular and irregular control in order to maintain order in the areas 21 Proper awareness of the role of the People's Courts, the wellorganized trial of crimes carried out by the juvenile and the effective implementation of the measure put in to the reformatory camps applied to juvenile delinquency Strengthening measures to detect and handle crimes to prevent crimes of ownership infringement carried out by juvenile The propaganda work should be done quickly so that the parents are enlightened and timely education, attention to their children The commune-level People's Committees shall set up selfmanagement models and at the same time foster the professionalism of those who participate in such models in order to coordinate with the police force in promptly prevent acts of violation from occurring To intensify measures to manage, educate and improve the termination of prisoners' return to their localities, suspended imprisonment sentences and other law-breaking persons Regarding bodies conducting legal proceedings, apart from complying with the law, they also have to carry out the propaganda and education to help them recognize wrongdoings, see the lawfulness and leniency of law Administration at all levels must create the best conditions for the children to reintegrate into the community For families, social organizations and communities: Those who directly assist, manage and monitor the juvenile after the penalty has been completed CONCLUSION OF CHAPTER In this chapter, the author raised suggestions and recommendations to improve the effectiveness of the prevention of crimes of ownership infringement carried out by juvenile in Ho Chi Minh City Firstly, to improve the legal views on the rights of juvenile delinquency and the law against ownership infringement in order to prevent the situation of crimes of ownership infringement carried out by juvenile in Ho Chi Minh City In this section, the author points out the shortcomings in the provisions of the Penal Code 2015 on the rights of juvenile and the provisions on ownership infringement; at the same time, it is proposed to amend and supplement the provisions in order to increase the effectiveness of prevention Then, the author completed the solutions to prevent the situation of crimes of 22 ownership infringement carried out by juvenile including preventive solutions and solutions to eliminate Identifying the role of each subject, pointing out some of the causes of juvenile delinquency, what subject should to prevent and eliminate that situation Finally, the author mentions raising the resources to prevent the situation, raising the working capacity, professional level and education of the consciousness of juvenile and especially the establishment of the specialized juvenile courts Chapter aims to strengthen prevention activities of juvenile delinquency in the area of Ho Chi Minh City in particular, bringing high results in the prevention of juvenile delinquency CONCLUSION The objective of the dissertation is to evaluate the situation of using precautionary measures by the subjects, from the leading subjects, the implementing subject have summarized the preventive measures that Ho Chi Minh has applied from 2007 to 2015 Through this situation to provide solutions to improve measures to prevent crimes of ownership infringement carried out by juvenile in the area of Ho Chi Minh City in particular and the whole country in general in coming time Chapter of this dissertation solves the fundamental issues of preventing crimes of ownership infringement, including: the concepts, characteristics, and nature of crimes of ownership infringement carried out by juvenile, the meaning of such preventive measures Identify the principles of prevention of the situation of ownership infringement, which are the principles of law, democratic principles, humanitarian principles, progressive scientific principles, the principle of closely coordinating the activities of the preventive subjects, specific principles of preventive action and identification of preventive measures for ownership infringement are determined depending on the different criteria Identify the preventive subject of ownership infringement including the leaders of the policy and the actors implementing the crime prevention plan Through research the situation of crimes of ownership infringement carried out by juvenile in Ho Chi Minh City from 2007 to 2015 revealed that the crime situation was complicated The juvenile delinquency is primary for property theft, robbery and property robbery Offenders are 23 usually male and tend to be younger; low education level Criminal motives are primarily intended to satisfy one's own material needs Characteristics of the tricks of this type of crime is mainly opportunistic, taking advantage of the loopholes of victims to steal, robbery Based on the above conclusions, the author proposes and recommends to improve the effectiveness of the preventing crimes of ownership infringement carried out by juvenile in Ho Chi Minh City Firstly, to improve the legal standpoints of the right of the juvenile delinquency and the law articles against ownership infringement to prevent the situation of crimes of ownership infringement carried out by juvenile in Ho Chi Minh City In this section, the author points out the shortcomings in the provisions of the Penal Code of 2015 on the rights of the juvenile delinquency and the provisions on ownership infringement; at the same time, it is proposed to amend and supplement the provisions in order to enhance the effectiveness of prevention Secondly, the author improves solutions to prevent crimes of ownership infringement carried out by juvenile including preventive measures and elimination measures; identifying the role of each subject, outlining some of the causes leading to behavior of the juvenile delinquency, what the subjects should to prevent and eliminate that situation Thirdly, the author mentions to strengthen the human resources for the prevention of crime, working capacity, professional qualification, moral education, legal awareness for the juvenile of the subject of prevention and especially to setting up the specialized juvenile courts Through this dissertation will help to improve preventive efficiency better than the past few years / 24 ... area of Ho Chi Minh City - Time Scope: The dissertation was studied from 2007 to 2015 Methodology and research method 4.1 Methodology of the dissertation: The dissertation was done on the basis... social order crimes under Ho Chi Minh City’s Police force, Ho Chi Minh Political System for crimes of ownership infringement carried out by juveniles in Ho Chi Minh City in recent years, the advantages,... infringement carried out by juvenile 4.2.2 Strengthening the prevention of crimes of ownership infringement carried out by juvenile in Ho Chi Minh City Strengthening human resources to prevent crimes