Nhân thân người phạm tội xâm phạm nhân phẩm, danh dự của con người từ thực tiễn các tỉnh miền đông nam bộ tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN VINH HUY RELATIVES OF CRIMINALS WHO INFRINGE UPON HUMAN DIGNITY AND HONOR OF FROM THE REALITY OF SOUTHEASTERN PROVINCES Major: Criminology and crime prevention Code: 9.38.01.05 DOCTORAL THESIS OF LAWS HA NOI, 2019 THIS WORK IS COMPLETED AT GRADUATE ACADEMY OF SOCIAL SCIENCES MENTOR: PROF DR TRAN HUU TRANG Reviewer No.1: Reviewer No.2: Reviewer No.3: The thesis is defended before the thesis appraisal board of the Academy at the Graduate Academy of Social Sciences at: hours, date month 2019 This thesis can be found at: - Library of Graduate Academy of Social Sciences - National Library of Vietnam LIST OF PUBLISHED ARTICLES AND WORKS RELATED TO THE THESIS Nguyen Vinh Huy, Characteristics of relatives of criminals who infringe upon human dignity and honor and the meaning of researching - Journal of human resources and social science, No (56) 2018 Nguyen Vinh Huy, Factors affecting the formation of personal identities of relatives of offenders of human dignity and honor Journal of Industry and Trading, No 2, February 2018 Nguyen Vinh Huy, Factors affecting the formation of personal identities of relatives of offenders of human dignity and honor of people in the provinces of the South East - Journal of Industry and Trading, March / 2018 Nguyen Vinh Huy, Chapter XII and Chapter XIV in the scientific commentary of the Criminal Code (current) (Amended in 2017) National political publisher The Truth Chapters IV, IX, XXVIII, XXIX and chapter XXXIV in Scientific Commentary Criminal Procedure Code (current) Publisher National Politics Truth The significance of studying the characteristics of the offender's identity - The People’s Police, No.3 (13) / 2018 PREAMBLE The urgency of the topic The Southeast region includes Ho Chi Minh City, and Binh Duong, Binh Phuoc, Tay Ninh, Dong Nai, Ba Ria - Vung Tau provinces with a small total area compared to other regions (23.6 thousand km2) Although it has an average population with 15 million people in 2014, it has the highest nationwide GDP, industrial output value and export value Along with the economic development, the reverse impact of the market economy also brings to the Southeastern provinces many risks and challenges, especially in the maintenance of social order in the area In recent years, the criminal situation in general and the violation of human rights and honor (VHRH) of people in the areas of Southeast have complicated developments The level of crime is increasingly sophisticated and more complex According to statistics, within 10 years (from 2008 - 2017), the whole country has tried 45,862 cases and prosecuted 54.482 accused related to crimes of VHRH Only in the Southeast region, the trial of 10,412 cases of human committed crimes accounted for 22.7% of cases; prosecuted 11,157 accused in connection with VHRH crimes accounting for 20.47% Out of a total of 56,596 crimes of infringing upon human life, health, honor, and dignity in the area, up to 10,412 cases were related to VHRH crimes accounting for 18.4%; Of the 80,888 defendants who were tried on infringement of human life, health, honor, and dignity in the area, there were 11,157 accused in connection with VHRH crimes accounting for 13.8% The offenders use different methods and tricks to commit criminal acts They are more aggressive, reckless, open and blatant Crime cases with serious, very serious and particularly serious characteristics are increasing The above situation has caused confusion, anxiety, and insecurity among the people and has caused disorder in the locality In order to fight crime prevention in general and crimes related to VHRH in particular effectively, a very important issue is the need to properly recognize the offender’s relatives because of its important role in the mechanism of criminal acts Researching the offender’s identity first helps us to make accurate decisions on crime level, crime frame and penalty An exact penalty will not only have a specific preventive and preventive effect (preventing recidivism) but it has a general preventive effect for the whole society as well In addition, researching on the offender’s identity also helps to determine full, accurate and comprehensive causes of crime situation, and makes the education and training process for the offenders become effective, thereby proposing efficient solutions in crime prevention It is in this important role that most in-depth studies of criminology have focused on clarifying the offender’s identity Stemming from the requirements of crime prevention struggle activities in general and VHRH crimes in the Southeast provinces in particular, the study named: "Identity of the offender who commits the offense of violating human rights and honor from the reality of the Southeast region" is of urgent and significant values in both theory and practice Research aims and tasks 2.1 Research aims On the basis of clarifying personal characteristics of VHRH offender’s identity in the Southeast region, the study analyzes causes of forming negative personal characteristics of the offender’s identity The thesis also aims at proposing solutions to strengthen the prevention of VHRH crimes in the areas of Southeast from the perspective of the offender's identity 2.2 Research tasks To accomplish the above research aims, the thesis focuses on the following tasks: Firstly, presenting an overview of domestic and foreign researches on issues related to VHRH offender’s identity, thereby pointing out preventive measures contributing to the research results Meanwhile, this can help to determine the research direction of the thesis; Secondly, analyzing and clarifying the theoretical issues of VHRH offender’s identity to be the basis for the awareness and analysis of the reality of the VHRH offender’s identity in the Southeast areas; Thirdly, analyzing and clarifying the reality of the VHRH offender’s identity in the areas of the Southeast region from 2008 to 2017; Fourthly, proposing solutions to strengthen the prevention of the situation of VHRH crimes in the locality from the perspective of the offender's identity Object and scope of the research 3.1 Object of the research The research object of the thesis is to study theoretical and practical issues of the VHRH offender’s identity as well as factors affecting the formation of their characteristics in the Southeast regions and preventive measures from the perspective of the offender's identity 3.2 Scope of the research The thesis: "Identity of offender who commits the offense of violating human rights and honor from the practice of Southeast region" is carried out from the perspectives of criminology and crime prevention ● Scope of the research content The thesis mainly focuses on studying characteristics of VHRH offender’s relatives in the Southeast regions in the period of 2008 2017 and factors affecting the formation of these negative characteristics, thereby proposing preventive measures to these crimes from the perspective of the offender’s identity The thesis researches in the context of the Penal Code (PC) regulated in 2015 (amended and supplemented in 2017) which has taken legal effect since 01/01/2018 However, during the period of 2008 2017 when the thesis studied the status of the VHRH offender’s identity in the Southeast region, the Penal Code 1999 (amended and supplemented in 2009) was still valid, and human offenses of VHRH in this area occurring during this period were still resolved in accordance with the provisions of the Penal Code in 1999 Therefore, when studying signs of the VHRH crimes, the study is still mainly conducted under the provisions of the Penal Code 1999 in comparison with new regulations in the provisions of the Penal Code 2015 ● Scope of the location and time The thesis studies the offenses of VHRH which were tried in the courts in the Southeastern areas in the period of 10 years (from the year 2008 to 2017) Methodology and research methods 4.1 Methodology The thesis is studied on the basis of Marxism-Leninism methodology of dialectical materialism and historical materialism, Ho Chi Minh's thought about the state and law, views and policy of the Communist Party of Vietnam and the Socialist Republic of Vietnam on the construction of a socialist rule-of-law state and judicial reform, on improving the legal system, strengthening and improving the effectiveness of crime prevention struggle in general and VHRH crimes in particular to solve the mentioned research tasks 4.2 Specific research methods The researcher has used the following research methods to obtain the research objectives: - Statistical methods: The researcher collects and processes the the statistics from People's Courts at all levels in the Southeast regions and the judgments on VHRH crimes in the period of 2008 2017 to analyze and clarify characteristics of the person who VHRH related offender’s identity in the locality - Case study method: This method is used to study and evaluate 800 judgments including some typical trial cases related to VHRH to analyze and clearly identify the basic characteristics of the offender’s identity in the region - Methods of sociological investigation: This method is conducted through sociological surveys to collect opinions of the offender’s identity, teachers, students, etc in the Southeast provinces to assess the practice of preventing crimes related to VHRH from the perspective of the offender's identity Besides, the thesis also uses some traditional research methods of social sciences such as analysis, comment, logical reasoning, inductive, and interpretive methods… to provide arguments and evidences for the theoretical framework of the study New contributions of the thesis - The thesis clarifies theoretical issues concerning VHRH related offender’s identity, such as: concepts, characteristics and classification of the offender’s identity, the process of forming their characteristics, and the significant value of studying the offender’s identity; - The thesis analyzes and clarifies characteristics of the offender’s identity in VHRH crimes in the areas of the Southeast in the period of 2008 - 2017 along with factors affecting the process of forming their characteristics - The thesis proposes preventive measures to reduce the crimes against human rights in the Southeast provinces from the aspect of the offender's identity Theoretical and practical significance of the research 6.1 Theoretical significance The research results has contributed to enriching the theory of criminology in general, the theory of the offender’s identity in particular, especially the person who committed VHRH crimes 6.2 Practical significance The research findings can be used as a reference source for the process of research, teaching and learning the subject of criminology in the system of training schools The research results of the thesis can also be used as a useful reference for legal protection agencies in the Southeast provinces in a struggle of preventing and controlling VHRH crimes in particular Structure of the thesis In addition to the introduction, conclusion, the list of references and thesis appendices, the thesis consists of chapters as follows: Chapter 1: Literature review Chapter 2: Theoretical issues about identity of the person who commits the offense of human dignity and honor Chapter 3: Real situation of the offender’s identity in the cases violating human dignity and honor from the reality of the Southeast provinces Chapter 4: Preventive measures to reduce human VHRH crimes in the Southeastern provinces from the perspective of the offender's identity CHAPTER LITERATURE REVIEW 1.1 Empirical studies in the world In recent years, there have been many oversea studies focusing on the issues related to the topic Specifically, there are two major research approaches, namely: approach to basic issues of criminology and approach to in-depth issues of criminology 1.2 Empirical studies in Vietnam Firstly, the approach to basic issues of criminology comprises of criminology coursebooks and intensive reference books Secondly, the approach to in-depth issues of offender’s identity consists of master's theses and doctoral theses under the specialization of criminology; research papers from the perspective of criminology 1.3 An overview of the literature review and the research gap raised in the thesis 1.3.1 Some agreed issues 1.3.2 Some debating issues * From the perspective of the Penal Code: Viewpoints of disagreement focus on some of the following contents: The concept of "human rights and honor" (abused object) leads to different opinions about the scope of human VHRH crimes regulated in the Penal Code; sexual acts of abuse (SAA) which are considered criminals; the subject and the victim in VHRH crimes committed by humans * From the perspective of criminology: 1) Some of the following issues that have not been studied or have been mentioned but to a limited or incomplete extent include: Major studies on characteristics of criminal’s identity of some crimes or group crimes within a narrow scope; 2) So far, there has been no comprehensive and comprehensive research on the VHRH related offender’s identity based on the reality of fighting against these crimes in the period of 2008 - 2017 in the Southeast region; 3) There have been many research projects mentioning the problem of forecasting VHRH crimes in a number of different localities, such as Hung Yen, Hanoi, Dong Nai, Ho Chi Minh City , but no work has made predictions about the changes of the living environment and its influence on the people who commit VHRH crimes in the Southeast region; 4) In the past, there have been many research projects proposing solutions to prevent VHRH crimes in some localities, but there has not been a research project to propose solutions to strengthen VHRH crime prevention in the area of Southeast from the aspect of the offender’s identity 1.3.3 Some issues that need further researching in the thesis 1) Clarifying some theoretical issues in terms of the VHRH offender’s identity from the theory of offender’s identity in research works about criminology 2) Analyzing and clarifying the characteristics of the VHRH offender’s identity in Southeast provinces in the period of 2008 2017 as well as analyzing the practicality of factors affecting the formation of their characteristics the region during this period 3) Proposing solutions to strengthen VHRH crime prevention in the Southeast area from the perspective of offender’s identity CHAPTER THEORETICAL ISSUES ON IDENTITY OF OFENDER WHO VIOLATES THE HUMAN RIGHTS AND HONOR motives of committing crimes Circumstances are conditions for individuals to commit criminal acts 2.2.2 Objective factors 2.2.2.1 Negative and limited factors in family backgrounds Negative factors from family backgrounds are more likely to affect the formation of VHRH offender’s personal identity They are: divorced family, unhappy family, families in financial difficulties; family whose children lack the care and education from parents, family whose parents are too indulgent 2.2.2.2 Limitations and weaknesses in current educational environment Some shortcomings in the educational environment can be mentioned as follows: schools have not focused on moral education, personality, legal knowledge and life skills for students Schools have not coordinated tightly with families and society in managing students 2.2.2.3 Negative factors coming from society and-economy - Factors of economic environment: Limitations and shortcomings in economic management are also one of the factors affecting the process of forming offenders’ bad personalities in general and VHRH offenders’ bad personalities in particular; - Factors of social environment: The situation of rich and poor differentiation is increasing It is the poverty and low literacy that motivate offenders to commit criminal acts, especially VHRH crimes, crimes of trafficking; and make social welfare policies become unreasonable 2.2.2.4 Shortcomings and limitations on state management of culture State management in the field of culture also reveals limitations The strong development of information technology and internet has created negative side on social networking sites There are lots of cultural products with debauchery and sexual or violent stories which have not been strictly controlled by competent authorities 2.2.2.5 Impact of geographic and population factors 10 Natural - geographical factors (personal geography) also have certain effects on the process of forming personal characteristics in general and negative personal characteristics of a person living in that area Personal geography is the study of the impact of natural geographical factors on the process of forming personal characteristics of a person Specifically, In the study, it is the process of forming offenders’ negative personal characteristics 2.2.2.6 Affective factors from the aspect of victims It can be seen from the study of offender’s identity in general and VHRH offender’s identity in particular from the perspective of the victims that their impact on the formation of negative personal characteristics in the offenders is not immense However, factor of victim has certain effects on the realization of VHRH offense in the people with negative personal characteristics 2.2.3 Subjective factors Subjective Factors affecting VHRH offender’s identity include: 2.2.3.1 Deviation of morality and personality The market economy leads to disregarding morality and personality, from which a part of the society has negative perceptions Some people not study to improve their knowledge, acquire good things In contrast, their lack of education and arrogant habits are likely to motivate them to commit crimes They disregard all to fulfill their negative ambitions and desires They only know to satisfy their biological needs… irrespective of inevitable consequences resulted from their deeds 2.2.3.2 Deviations in preferences, habits, needs and ways to satisfy needs Every human being always has different demands in daily life In specific circumstances, if the needs of the subject are misleading, and beyond the ability of life with wrong ways of satisfying demands, it inevitably leads to criminal acts 2.2.3.3 Psychological revenge, envy and jealousy Crimes of humiliating others and slandering often stem from the physiological mind of the offender (psychological desire to take 11 revenge, envy people or hate them) When being mentally inhibited like being betrayed, repudiated or seeing someone who is more talented, richer, more beautiful or more respected , it is easy to generate negative psychology such as feeling jealous or want to lower the prestige and dignity of that person 2.2.3.4 Limited understanding of law, despising and opposing the law The discrepancies in legal awareness of individuals are also one of the factors affecting the mechanism of giving offenses, manifesting differences in legal awareness of individuals in the following forms: despising obligations, despising or opposing law CHAPTER CURRENT STATUS OF THE VHRH OFFENDER’S IDENTITY FROM THE REALITY OF THE SOUTHEAST PROVINCES 3.1 Overview of VHRH crimes in the Southeast provinces 3.1.1 Current status (extent) of VHRH crimes in the Southeast provinces Crimes of violating human dignity and honor in the region of Southeast account for a large proportion of the total number of VHRH cases nationwide (accounting for 22.7% of the cases, accounting for 20.47% of the defendants) as well as compared to general crimes in the area At the same time, it accounts for a large proportion of the total number of abuse cases including human life, health, honor and dignity according to the provisions of the Penal Code 3.1.2 Developments of crimes violating human dignity and honor in the Southeast provinces It can be realized that VHRH crimes in the Southeast region has complicated developments and their fluctuations have not followed the rules Yet, the general trend is increasing over time 3.1.3 Structure of VHRH crimes in the Southeast region 12 In terms of the behavioral groups of offenders, it can be seen that among VHRH crimes occurring in the Southeast region, most of them are sexual crimes (accounting for 96.2% of the total number of cases, accounting for 91.9% of the total number of VHRH offenders) The groups of criminal acts of human trafficking, humiliating others, or slandering make up less proportion In terms of specific criminal acts, it can be seen that cases of sexual offenses with children - Article 115 of the Penal Code in 1999 (4241 cases/4039 defendants) account for the highest proportion (40.73% of cases and 36.2% of defendants) in total of VHRH cases in these localities In terms of administrative units, through statistics of VHRH crimes in each province in the South East region, it is shown that Ho Chi Minh City is the place with the highest number of cases/ numbers VHRH accused, followed by Dong Nai, Tay Ninh, Binh Duong, Binh Phuoc provinces respectively Ba Ria - Vung Tau province is the place with the lowest number of VHRH cases Crime structure according to administrative units, through statistics of Crime of Crime of Crime in each province in the South East region, shows that Ho Chi Minh City is the place with the highest number of cases / numbers accused of XPNPDD, followed by turn Dong Nai, Tay Ninh, Binh Duong, Binh Phuoc provinces, the lowest is Ba Ria - Vung Tau province The researcher has analyzed data from 800 first instance and appellate judgments at the People's Court of Southeastern provinces in the period of 2008 - 2017 with 1061 defendants on these groups of criminal acts Among them, 621 sentences with 757 VHRH offenders were found; 103 sentences with 228 defendants were found guilty of trafficking crimes and 76 judgments with 76 crimes of humiliating others 3.2.1 Characteristics of people who commit sexual offenses 13 3.2.1.1 Social anthropological characteristics - In terms of gender: Sexual defendants are male (accounting for 98.15%); female (accounting for 1.85%) - In terms of age: The defendants are under 18 years old accounting for 8.2%; from 18 to 30 years old accounting for 69.1%; from over 30 years old to 45 years old accounting for 18.8%; over 45 years old accounting for 3.9% Thus, it can be seen that VHRH offenders in the Southeast provinces are mainly concentrated in the age group from 18 to 45 years old (accounting for 87.9%) - In terms of occupation: The defendants who are jobless accounting for 89.1%; the defendants who have unstable jobs with low income account for 8.6%; the defendants with stable jobs take up 2.3% Thus, it can be seen that the majority of defendants who commit sexual crimes are those with unstable occupation and those who have criminal records - In terms of education level: The defendants are senior high school graduates or above accounting for 13% Most of them are mainly at primary, secondary or illiterate levels accounting for 87% - In terms of family backgrounds: About two-thirds of the VHRH defendants are in single status, only 23% of them are married, and 27% of them are divorced or separated The defendants in financial difficulty account for 56.7%; having an unhappy family or living in a violent family make up 16.6%; having family with disabilities account for 31.4% Especially, there are 151 defendants coming from the family whose parents pamper their children too much (accounting for 19.9%) - In terms of residence: There are 453 defendants residing in rural and mountainous areas (accounting for 59.8%); 304 defendants reside in urban areas Thus, it can be seen that sexual crimes occur in different areas including both in urban and rural areas 3.2.1.2 Psycho-social characteristics - People who commit sexual crimes have a poor understanding of society, laws and ethical standards of living and have a relaxed lifestyle; 14 - Psychology to despise dignity and honor; - Deviant psychology in interests, habits, needs and ways to satisfy needs; - Psychology of laziness to earn money, laziness to study and cultivate 3.2.1.3 Criminal legal characteristics - Crime, criminal record, recidivism, dangerous recidivism: 135 defendants have criminal records for different crimes (accounting for 17.83%) and 622 defendants have no criminal records (accounting for 82 , 17%) It is noteworthy that among the defendants who have a criminal record of various crimes, they continue to recur or recount sexual crimes dangerously (accounting for 2.3%) - Characteristics of crime motives and purposes: The motive of committing crimes mostly comes from the personal motives of the criminals themselves That is their desire or their strong wish to satisfy their physiological needs in a standard deviation This motive comes from the inner nature of each individual and thereby motivates individuals to commit crimes 3.2.2 Characteristics of people who commit crimes of human trafficking 3.2.2.1 Social anthropological characteristics - In terms of gender: There are 93 female accused (accounting for 40.8%); 135 male accused (accounting for 59.2%) - In terms of age: 100% of the defendants are over 18 years old, of which the highest proportion is the defendants aged from 30 to 45 years old (accounting for 83.3%); the remaining 7.1% of the defendants are aged over 45; 9.6% of the accused are aged from18 to 30 years old - In terms of education level: There are 96 defendants who have attended high school (accounting for 41.9%), even among these defendants there are also defendants who have studied college and university (accounting for 1, 6%) - In terms of occupation: 118 defendants have no occupation (accounting for 51.7%); The number of defendants with occupations 15 but not stable is 93 (accounting for 40.6%) The number of occupational defendants accounts for only 7.7% - In terms of family circumstances: There are 144 defendants having families with difficult economic conditions (accounting for 63.1%); 118 defendants having unhappy and violent families (accounting for 51.7%); 53 defendants coming from family without care for their children (accounting for 23.1%); 75 defendants having parents with excessive indulgence of children (32.7%); 86 defendants have families with disabilities (accounting for 37.7%) - In terms of residential areas: The defendants who commit crimes of trafficking are often those who live or reside in rural areas and undeveloped economic regions Of the 228 defendants charged with trafficking, 188 defendants live in rural and mountainous areas (82.5%); 40 defendants live in urban areas (accounting for 17.5%) 3.2.2.2 Signs of social psychology - Psychology of enjoying life without wanting to work or desire to earn money at all costs; - Psychology of despising law; - Psychology of despising dignity and honor 3.2.2.3 Criminal legal characteristics - Crime, criminal record, recidivism, dangerous recidivism: 34 defendants have criminal record, criminal record of different crimes (accounting for 14.91%) and 194 defendants have no criminal record or criminal record (accounting for 85 , 09%) It is worth noting that among the defendants who have a criminal record of different crimes, they continue to recur and repeat dangerous recidivism for human trafficking (accounting for 0.8%) - Motivation and purpose of offense: 99.12% of the defendants commit crimes for profit purposes, or earn profits; there are only 02 defendants who commit crimes due to other personal purposes (accounting for 0.88%) 3.2.3 Characteristics of people who commit crimes of humiliating others, slandering 3.2.3.1 Social anthropological characteristics 16 - In terms of gender: 51 defendants are male (accounting for 67.1%); 25 defendants are women (accounting for 32.9%) - In terms of age: The defendants are usually over 30 years old, in which the ages from 30 to 45 account for the largest number with 52 people (accounting for 68.4%); The number of people from 18 to 30 years old is 12 defendants (accounting for 15.8%) and 12 defendants over 45 years old (accounting for 15.8%) - In terms of residence: Up to 54 cases (accounting for 71.05%) occur in rural and mountainous areas; There are 22 defendants residing in urban areas (accounting for 28.95%) The cases of humiliating others and slander often take place in rural areas and undeveloped economic regions However, crimes of humiliating others, or slandering still occur in urban areas mainly due to jealousy, envy at work or in business - In terms of education level: There are 71 defendants with low literacy or finishing primary school (accounting for 93.4%); There are only people at upper secondary education level (6.6%) - In terms of occupation: The proportion of defendants having jobs account for 11.8% of the total of defendants; the defendants with unstable jobs account for 25% and the defendants without occupations account for 63.2% - In terms of family circumstances: There are 31 defendants whose families are not happy and violent (accounting for 40.8%); 26 defendants lack interest in their children or over-indulged their children (accounting for 34.2%); 41 accused have families with disabilities (accounting for 53.9%); 07 defendants with difficult economic conditions (accounting for 9.2%) 3.2.3.2 Psycho-social characteristics - Expression of moral and personality degradation; - Psychology of envying or hating others; - Psychology of restricted understanding of law, despising laws 3.2.3.3 Criminal legal characteristics 17 - Crime, criminal record, recidivism, dangerous recidivism: 06 defendants have previous criminal records (accounting for 7.9%); 70 defendants have no criminal records (accounting for 92.1%) Among the defendants having criminal records of different crimes, there are no defendants with recidivism, or dangerous recidivism of humiliating, abusing, slandering others - Crime motive and purpose: The offense of the defendants guilty of humiliating others, slandering is very diverse depending on each specific case 3.3 Factors affecting the formation of personal characteristics of VHRH offenders in the Southeast provinces 3.3.1 Impact of objective factors 3.3.1.1 Negative factors from family circumstances - Families lack care for children expressed by their indifference and irresponsibility towards their children: 695 defendants (accounting for 65.55%) live in families who lack education or proper educational interest of their parents - Families with difficult economic conditions: There are 580/1061 accused of VHRH crimes living in difficult financial circumstances accounting for 54.7% of the total number of VHRH defendants being tried -Family which are defective: There are 324/1061 accused of VHRH crimes accounting for 30.5% of the total number of VHRH defendants being tried - Families which are too indulgent of their children: There are 250/1061 defendants whose families are too indulgent (accounting for 23.6% of the total number of defendants being tried on this crime) - Families which are not happy, and often violent: There are 275 defendants (accounting for 25.9%) coming from an unhappy family, with constant conflicts, arguments, cursing and fighting 3.3.1.2 Negative factors from the educational environment - Schools have not focused on education and propaganda of legal knowledge and life skills for students; 18 - Schools not have strict management measures for students, and there is no coordination between schools, families and society; - School violence, and sexual harassment occur in schools 3.3.1.3 Negative factors from social-economic environment 3.3.1.4 Impact from geographic and population factors 3.3.1.5 Factors from the aspect of victims 3.3.2 Subjective factors Besides causes from the objective environment, the process of forming bad personal characteristics also depends on subjective awareness as well as psychological characteristics of each individual It is possible to generalize the negative subjective factors affecting the process of forming bad personal characteristics such as preferences and habits; differences in needs and ways to satisfy needs; moral and personality degradation; psychology of taking revenge, and envy; limited knowledge of law; psychology of overestimating the value of money CHAPTER MEASURES TO STRENTHEN THE PREVENTION OF VHRH CRIMES IN THE SOUTHEAST PROVINCES FROM THE OFFENDER’S IDENTITY 4.1 The fluctuations of objective conditions affecting the formation of VHRH offender’s personal characteristics in the Southeast provinces 4.1.1 The fluctuation of the family environment The researcher forecasts the fluctuation of the family environment; the fluctuation of the educational environment; the fluctuation of the social-economic environment in the Southeast provinces 4.1.2 The fluctuation of the educational environment 4.1.3 The fluctuation of the social-economic environment 4.2 Strengthening the prevention of VHRH offenses in the provinces of the Southeast from the perspectives of offenders 19 4.2.1 Group of solutions to limit or eliminate the impacts of living environment on the formation of bad human characteristics This group includes solutions to limit negative impacts from the family environment, the reverse of the market economy; the social environment; the cultural environment, and the educational environment; solutions of strengthening propaganda and education to raise legal awareness and knowledge for people 4.2.1.1 Limiting negative impacts from the family environment Firstly, well organizing activities of propaganda and education for family members to understand the role of family factors in crime prevention in general and VHRH crimes in particular; Secondly, improving material and spiritual life for households in the area, ensuring income and occupation as well as social security policies for members, thus forming positive personal characteristics in every citizen; Thirdly, enacting suitable handling mechanism for those with criminal records, showing domestic violence, ensuring deterrence, and at the same time preventing causes and conditions of committing crimes 4.2.1.2 Limiting negative impacts from the reverse of the market economy Firstly, the economic development must be sustainable, which always maintains the leading role in the industrialization modernization process, and continues to become a major financial, economic and commercial center of the region and of country; Secondly, solving the relationship between the development of industrial parks, export processing zones and high-tech zones with the development of urban and environmental transport infrastructure; ensuring accommodation, workplace, areas for study and medical treatment and entertainment for people; Thirdly, developing careers in the direction of rapid development in accordance with job creation for employees; 20 Fourthly, the Southeast provinces need to build a system of training human resources for labor with professional qualifications of regional and international levels 4.2.1.3 Limiting negative impacts from the social environment Firstly, it is necessary to ensure good and effective implementation of social security policies and job creation in the provinces; Secondly, the Party committees and the provincial governments of the Southeast provinces need to strengthen family economic development; Thirdly, there should be strict measures to manage and check business types under certain conditions; Fourth, strengthening the role of people, agencies, organizations and unions in improving security, social order and safety 4.2.1.4 Limiting negative impacts from the cultural environment Firstly, the Party committees, local authorities in the Southeast provinces need to strengthen the issuance of plans and directing documents, specifically guiding the propagation and management of cultural and cultural service products, and cultural publications more closely; Secondly, cultural agencies regularly check and review dealing agencies in tapes, books, and sexual films in the provinces and coordinating with functional agencies to receive and check investigation and handling of harmful cultural products; Third, persuading and encouraging all strata of people to participate in the struggle of preventing and eliminating harmful cultural products; Fourthly, strengthening the role of mass media as positive propaganda about negative impacts of harmful cultural products; discovering and praising typical examples in the prevention of anti-import, and negative cultural hybrids 4.2.1.5 Limit negative impacts from the educational environment Firstly, strengthening universal education in the whole region; Secondly, continuing to improve the quality of staff and teachers; 21 Thirdly, strengthening moral education, personality and life skills as well as civic responsibility for students right from the elementary level; Fourthly, strengthening the relationship between family, school and society; Fifthly, strengthening student management, and combating school violence; Sixthly, focusing on sexual education for students 4.2.1.6 Strengthening propaganda and education to raise awareness of law for people Firstly, innovating and diversifying forms of educational propaganda and dissemination of laws on crime prevention and prevention of VHRH crimes to people; Secondly, focusing on training the propaganda staff; Thirdly, strengthening the coordination of people in propaganda and education 4.2.1.7 Limiting negative impacts from the perspective of the victims Firstly, raising awareness for those who are at risk of being victims of VHRH crimes; Secondly, equipping necessary skills for those who are at risk of being victims of VHRH crimes; Thirdly, focusing on nurturing activities, practicing morality and lifestyle for young people 4.2.2 Group of solutions to strengthen prevention of recidivism 4.2.2.1 Improving the effectiveness of law propaganda and education for prisoners in the process of judgment execution 4.2.2.2 Well performing the reintegration work for people who have completed the penalty CONCLUSION Crime is a social phenomenon reflected in people's anti-social behavior However, not everyone is born guilty, but the offense arises in a process when negative environment influences subjective factors forming negative personal characteristics in people which are likely to commit crimes Crime prevention in general and prevention of VHRH crimes in particular are the responsibility of each individual, 22 family, community and the whole society In addition to the achievements, in the past years, the situation of VHRH crimes with adults, especially VHRH crimes with children and women who have sensitive mental and physical disadvantages have happened in complicated ways and badly affected the society in many aspects degrading morality, harming health, insulting personal spiritual values of people The impact of the reverse of the market economy entails many consequences, such as: differentiation between the rich and the poor, unemployment Without proper control, various types of entertainment services and information technology have become complex and global issues despite their rapid development Due to the seriousness of the above-mentioned crime situation, the Party, State and authorities of Southeast provinces have had many solutions to prevent and combat common crimes and crimes of VHRH in particular Despite gaining effective measures, criminal acts are even more dynamic, organized, and sophisticated Not everyone is born guilty but criminal behavior arises in a process, when negative objective environment impacts on subjective and negative factors forming negative personal characteristics People with these negative personalities are more likely to commit crimes under specific favorable circumstances In order to achieve high efficiency in crime prevention activities, it is very important to study the characteristics of offenders By conducting an overall research on the offender's identity, the author has analyzed and clarified the characteristics and the formation of the offender’s false personality under the influence of living and working environment as well as finding out specific circumstances leading to the crime implementation At the same time, the researcher has clarified the current status of applying offender’s personal characteristics to serve crime prevention activities in the areas of the Southeast During 10 years (from 2008 - 2017), the issue of offender’s personal identity is very important and becomes an important part of domestic law training programs This thesis is an in-depth research in 23 the perspective of criminology on human offenses of VHRH from the reality of Southeast provinces By carrying out an overall study on the offender's identity, the author has analyzed and clarified some theoretical and practical issues about the characteristics and the formation of the wrong personality of the person who committed the VHRH crimes when they are affected negatively from objective factors in the process of living, studying, and working along with subjective inner factors, thereby indicating specific circumstances leading to their crime acts Through the statistics recorded from the year 2008 to 2017, the researcher has clarified the perception of the VHRH offender’s identity; the reality of the VHRH offender’s personal characteristics; the reality of factors affecting the formation of those characteristics in the areas of Southeast region Consequently, the researcher draws research results of ways to implement measures to crime prevention in the Southeast provinces The research findings also reveal that although preventive measures seem to be effective, there still exist shortcomings that need to be overcome and improved to bring the best results in the future Since then, the thesis proposes solutions to enhance and improve the effectiveness of crime prevention as well as fighting against VHRH crimes in the areas of the Southeast from the offender’s identity Thereby, the researcher desires to partly contribute to the theoretical and practical basis concerning the offender's identity However, it cannot be denied that the research topic is extremely hard and there are few in-depth related studies Despite great efforts, the thesis is far from perfection and still has inevitable limitations and shortcomings Thus, the researcher is looking forward to receiving valuable comments and suggestions from scientists to make it more complete and all-rounded 24 ... criminology contributes to determining the causes and conditions of committing VHRH crimes; Secondly, studying the identity of the offender under the perspective of criminology contributes to the construction... the same time preventing causes and conditions of committing crimes 4.2.1.2 Limiting negative impacts from the reverse of the market economy Firstly, the economic development must be sustainable,... preventing and controlling VHRH crimes in particular Structure of the thesis In addition to the introduction, conclusion, the list of references and thesis appendices, the thesis consists of chapters