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VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES L NGO THI THU HOAI HUMAN RIGHTS ASSURANCE IN THE VIETNAMESE FEUDAL LAW Major: Constitutional Law and Administrative Law Major code: 9.38.01.02 SUMMARY OF THE DOCTORAL DISSERTATION IN LAW Hanoi - 2019 The dissertation completed at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences Supervisor: Assoc Prof Dr Nguyen Thi Viet Huong Reviewer 1: Prof Dr Phan Trung Ly Reviewer 2: Assoc Prof Dr Tuong Duy Kien Reviewer 3: Assoc Prof Dr Le Van Long The dissertation will be defended at Graduate Academy Level Council of dissertation assessment at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi Time: ………… date ……… month …… …year 2019 The dissertation may be found at: - Vietnam National Library; - Graduate Academy of Social Sciences Library INTRODUCTION The necessity of the research topic of the dissertation Human rights are historical products associated with each country’s cultural traditions, political regimes and economic development The law regulates human rights, therefore, it is also necessary to preserve and promote the national tradition, moreover, “lawmakers cannot borrow foreign laws that are not consistent with the social context and the people’s aspirations” Stemming from the meaning and importance of the issue, so Vietnamese feudal state and laws were studied quite early in our country Due to many different reasons, however, previous research works have not intensively examined laws of this period as well as human rights assurance in a unified whole closely associated with political, economic and socio-cultural conditions so as to point out contemporary values of ancient law towards the human rights assurance Therefore, these are issues that need to be clarified and are also the reason why the author decided to choose the research titled “Human rights assurance in the Vietnamese feudal law” as her doctoral dissertation and wish to contribute to decode comprehensively and systematically relevant contents Research purpose and tasks The overall purpose of the dissertation is to build scientific arguments for proposing a system of solutions to acquire and inherit contemporary values and lessons learned about human rights assurance in the Vietnamese feudal law in the context of building the rule-of-law state in Vietnam today To accomplish this purpose, the dissertation aims to address the following tasks: First, it seeks to systematize the theoretical perception on human rights assurance in general Thenceforth, it clarifies the basic theoretical issues on human rights assurance in the feudal regime of Vietnam and points out factors affecting the human rights assurance in the Vietnamese feudal law Second, to learn and present opinions about the current situation of human rights assurance in the Vietnamese feudal law Since then, it points out the progressive values and humanities, as well as limitations due to historical elements to the guarantee of human rights in this period Third, to propose a system of solutions to inherit values of human rights assurance in the Vietnamese feudal law as well as limitations and solutions to overcome the limitations of history Research subject and scope Research subject: The dissertation focuses on studying the theoretical issues on human rights assurance and the reality of human rights assurance in Vietnamese feudal laws 3.2 Research scope: Regarding content: there are many forms to ensure human rights but in this study, the dissertation just explores the field of legal guarantees The adjustment of Vietnamese feudal laws on human rights assurance will be analyzed through codes to be codified through Vietnamese feudal dynasties Spatially, the dissertation seeks to assess the spatial scope of Dai Viet feudal state Regarding time, the study examines the adjustment of Vietnamese feudal law was built during the period of independent feudal state (between 938 and 1885) Methodology and research methods To ensure the scientific and political nature of the research results, the dissertation is based on the following theoretical foundation: The views of Marxism - Leninism on human rights; Ho Chi Minh’s thought on human rights, especially Ho Chi Minh’s thought on human rights that originating from the tradition of solidarity, love and patriotism of the Vietnamese people; his ideas of human rights that originating from cultural traditions of Confucianism and Eastern Buddhism; the theory of international law on human rights The study utilizes basic research methods of legal and historical sciences, studying history, bibliographies combining with the state history and law In addition, the study utilizes methods of comparison, analysis, synthesis, logic and interdisciplinary social science method New contributions of the dissertation First, the dissertation seeks to systematize the theoretical perception of legal guarantee of human rights in general Thenceforth, the dissertation clarifies issues on human rights assurance in the specific context of Vietnamese feudal society Second, the dissertation assesses contents and the reality of human rights assurance in the Vietnamese feudal law Third, the dissertation identifies the viewpoints and proposes a system of solutions to inherit contemporary values, as well as drawing lessons and experiences of the history of ensuring human rights in the Vietnamese feudal law in the context of globalization and building the socialist ruleof-law state in Vietnam today Theoretical and practical significance of the dissertation Theoretically: the dissertation contributes to the interpretation of theoretical and practical bases so as to build a culture of human rights in Vietnam consistent with international standards and inheritability from national traditional culture Regarding institutions and policies, the dissertation set up a scientific basis for perfecting the advanced law imbued with national identity to further ensure human rights; building a rational policy to combine harmoniously the universality and specificity of human rights in the current globalization process Practically, the study provides specific recommendations to inherit and develop the law of human rights in Vietnam today Structure of the dissertation Besides the introduction and conclusion and references, the dissertation includes chapters: Chapter 1: Literature review Chapter 2: The theoretical issues on human rights assurance Chapter 3: The reality of human rights assurance in the Vietnamese feudal law Chapter 4: Contemporary values, lessons learned and inherited directions to overcome issues of human rights assurance in the Vietnamese feudal law Chapter LITERATURE REVIEW 1.1 Research works related to the dissertation title 1.1.1 Domestic research works Research works on theoretical issues on human rights assurance: Human rights assurance in Vietnam in the context of globalization and international integration – issues and solutions by Dang Dung Chi (2008), Ministry-level project; Human rights in Vietnam from theoretical perception to practical action by Prof Vo Khanh Vinh (2010), Ministrylevel project; Human rights in China and Vietnam (tradition, theory and practice) published by the Human Rights Research Center of the Ho Chi Minh National Political Academy and the Human Rights Research Association in China in 2003; Mechanism to guarantee and protect human rights by Prof Vo Khanh Vinh, Social Science Publishing House, 2011; Vietnamese thought on human rights by Prof Pham Hong Thai (ed.,), Truth-National Political Publishing House, 2016; The assurance of human rights and citizen rights in Vietnamese administrative law (some issues of methodology and research orientation) by Pham Hong Thai & Nguyen Thi Thu Huong in the Journal of Science, Hanoi National University Research works on Vietnamese feudal law and the reality of human rights assurance in the Vietnamese feudal law: “Examining Vietnamese legal system in the 15-18 century” by Dao Tri Uc (ed.,), Social Sciences Publishing House, Hanoi, 1994; Some issues on Vietnamese civil law from the 15th century to the French colonial period by many authors of the Institute of Legal Science Studies - Ministry of Justice, National Political Publishing House, 1998; The dynastic law, the formation, contents and values by Dr Le Thi Son (ed.,), Social Sciences Publishing House, Hanoi, 2004; Vietnamese state and law in the feudal period by Bui Xuan Dinh, 2005 Research works on contemporary values of Vietnamese feudal laws on human rights assurance: “The Hong Duc Code – Vietnamese unique legal and cultural heritage by Le Duc Tiet, the Judicial Publishing House, Hanoi, 2010; The state and law of post-Le dynasty on human rights assurance by Dr Nguyen Minh Tuan & Dr Mai Van Thang (eds.,), National University Publishing House, Hanoi, 2014 In addition, there are some articles such as “Vietnamese feudal law and women right protection” by Tran Thi Tuyet, the State and Law Review, No 4/1996; “Some basic contents and values of human rights in the dynastic law” by Nguyen Thanh Binh, Journal of Philosophy, No 7/2008; “Aspects of human rights, citizen rights and state management in the dynastic law” by Cao Quoc Hoang, Journal of Philosophy, No 7/2005; “Quoc Trieu kham tung dieu le along with the protection of the legitimate rights and interests of human beings” by Dr Nguyen Minh Tuan, Journal of Legislative Studies, No 1(281), Vol 1/2015; “The Hong Duc Code for teenagers and vulnerable children in the society” by Luong Van Tuan, Youth Journal, 2011; “Inheriting progressive and humane provisions for vulnerable people in the dynastic law” by Luong Van Tuan, Journal of Legislative Studies, 2012 1.1.2 Foreign research works “Vietnam and Chinese Model A Comparative Study of Vietnamese and Chinese Government in the First Half of the Nineteenth Century” by Alexander B.Woodside, Harvard University Press, 1971; “The Law of property and Elete prerogative Duong Vietnamese Le Dynasty 1428 – 1788” by Stephan B Joung, Journal of Asian History, No 10/1976; “Law and Society in seventeenth and eighteenth century Vietnam” by Prof Insun Yu, Social Sciences Publishing House, Hanoi, 1994 1.2 Assessing research situation 1.2.1 General assessment In general, it may be seen that, although the number of research works related to the dissertation is quite large, so far there have not been any research work to examine systematically, fully, comprehensively and directly human rights assurance in the Vietnamese feudal law so as to propose solutions to inherit this issue in modern law These works have mainly focused on the general development of the state and feudal law of Vietnam but have not focused on learning law on the guarantee of human rights and interests in a unified overall closely associated with the political, economic and socio-cultural conditions 1.2.2 The advantages and contents were inherited and developed in the dissertation Theoretically, previous research works have mentioned the concept of human rights assurance and clarified the meaning of this concept Some authors have analyzed the position and role of the legal guarantee of human rights in many types of guarantees Regarding the reality of human rights assurance in the Vietnamese feudal law: previous research works have pointed out the progressive points that feudal legislators have successfully implemented such as the legislative views in managing the country in the fields of land, inheritance, irrigation, crops, sovereignty and national security, and especially, look after vulnerable people in the society, responsibility of mandarins to bring a prosperous society in which all people are concerned and protected by the state In terms of proposals and recommendations: previous authors have comprehensively studied values of legislative thought, legislative techniques, policy of economics, policy of using bureaucrats, criminal policies and civil policies 1.2.3 Issues related to the dissertation but have not fully addressed or have not examined Theoretically: there has not been any research work to clarify the concept and contents of human rights assurance in the Vietnamese feudal law and have not research works analyze, synthesize and assess factors affecting the adjustment of Vietnamese feudal law on human rights assurance Regarding the reality: there has not been any research work to study comprehensively the reality of human rights assurance in the Vietnamese feudal law Regarding solutions and recommendations: solutions have not yet been synchronized and systematic in the fields of legal guarantees on human rights 1.3 The posing issues related to the dissertation 1.3.1 The contents need to be examined in the dissertation First, general concept of human rights assurance in the Vietnamese feudal law (concept and contents) Second, studying factors affecting the adjustment of Vietnamese feudal law on human rights assurance Third, studying the reality of human rights assurance in the Vietnamese feudal law Fourth, studying some typical characteristics, legal and historical values of the Vietnamese feudal state and law on human rights assurance 1.3.2 Research questions (1) What are contents and characteristics of human rights assurance in the Vietnamese feudal law? (2) How is the reality of human rights assurance in the Vietnamese feudal law? (3) What lessons learned and contemporary values that human rights assurance in the Vietnamese feudal law left and the directions need to be inherited and overcome the issue of human rights assurance in the Vietnamese feudal law? 1.3.3 Research hypothesis Ever since the issue of human rights has been raised and existed throughout the national history, even during the monarchy period, the Vietnamese feudal state had measures to guarantee the people’s basic rights and interests, the legitimate rights and interests which the Constitution of nations now call basic rights of human One of the most important and effective measures is to ensure legally human rights in the Vietnamese feudal regime by specific ways such as guaranteeing human rights by making them into basic legal rights of human; guaranteeing human rights by safeguarding the acknowledged rights and assisting implement the rights Those are contents that make up the timeless values of Vietnamese feudal law that there have been so far the inherited values in the modern law Due to the historical factors, however, in addition to the progressive and positive aspects, there are also limitations and negative aspects when reflecting the reality of human rights assurance in the Vietnamese feudal law Therefore, it is necessary to proactively inherit and promote good elements and overcome backward elements to contribute to ensuring and promoting the implementation of human rights in the current context in Vietnam Chapter THE THEORETICAL ISSUES ON HUMAN RIGHTS ASSURANCE 2.1 Concept, contents and attributes of legal assurance of human rights 2.1.1 Concept of legal assurance of human rights Legal assurance of human rights is defined as the law creates favorable conditions and environment for human rights to be certainly accomplished through the law recognizes human rights, protect and support the accomplishment of these rights in practice 2.1.2 Contents of legal assurance of human rights First, guaranteeing human rights by institutionalizing the rights of human into legal rights Second, protecting human rights recognized by the law: - Prohibiting acts that violate human rights - Providing sanctions for those who violate human rights - The law creates a legal basis for individuals to fight against and protect their legitimate rights and interests Third, guaranteeing human rights by supporting the implementation of human rights, namely: - Building up the institutional framework: organization, apparatus, and people so that the law and standards of human rights are realized in the life - Building up the institutions to support the process of law enforcement of human rights, especially the institutions to ensure the implementation of human rights through a standard procedure process - Creating a favorable political and socio-economic environment that support the access and enjoyment of many rights of social groups 2.1.3 Attributes of legal assurance of human rights - Ensuring human rights legally has a range of effects and effectiveness in the whole society because the law has an outstanding attribute is that common imperative - Ensuring human rights legally is the most effective mode because it is done by educating, persuading and coercing enforcement when necessary + Ensuring human rights through provisions of establishing procedural procedures and creating institutions to support the implementation of the law on human rights + Through the law, the feudal State created conditions for political stability, socio-economic development so as to access many rights of social groups Thus, it may be understood: Human rights assurance in the Vietnamese feudal law is a system of legal provisions in order to institutionalize the idea of human rights; protecting and supporting the implementation of such rights in practice, associated with the economic, political and social conditions of this period 2.3 Factors affecting human rights assurance in Vietnamese feudal law 2.3.1 Time factor In Vietnam, the struggle for human rights is always accompanied with the struggles for and protection of national independence, sovereignty, and territorial integrity Individuals put the national interests at the forefront and emphasize the individual’s responsibility and mission to society and others 2.3.2 Awareness factor In Viet Nam, the implementation of human rights is inseparable, but it is always expressed by human awareness and morality 2.3.3 Legal tradition and culture - The legal and cultural tradition in the state history and Vietnamese feudal law is reflected firstly in the close relationship between the state law and village rule The village rule is the village’s customs and practices in the form of documents or through word of mouth It can be affirmed that human activities and human rights in Vietnam are governed by customs and practices - Dai Viet feudal law towards human values and human rights in civil society - The reform and innovation aim to perfect the law enforcement apparatus and bureaucracy 11 - Codifying the law by specific, detailed legislative techniques and ensuring convenience for people In addition to the positive legal and cultural values, there are also negative factors hinder the development of legal culture and transmitted to the social life at present Because the law is seen as a tool of governance and punishment, the Vietnamese gradually formed a psychology and habit of living under the rules of the village, indifference to the country’s law 2.3.4 The democratic state of the society Vietnam’s feudal democracy is characterized by communal democracy The communal democracy has both positive and negative aspects In the context of feudal society, the factors of village democracy have somewhat limited totalitarian oppression and promoted responsibility of each person for the village and the country However, with the nature of communal democracy and collective democracy, the individual element seems to be ignored and the democracy will not exist if the individual is not put in relationship with the communal community Thus, the communal democracy is a power but this power is not based on the liberation of people and respect for human rights, but binding people in the community relations and just guarantee the equal rights of the people as community members 2.3.5 Characteristics of the relationship between the state and individuals The idea of the state-people relationship during the feudal period of Vietnam did not put the people in the sovereign position of power Therefore, in terms of nature: the idea of state responsibility in the feudal period of Vietnam is not completely similar to contents of the state’s role and responsibility in serving the people, as well as responsibility of the state and the people in activities of the socialist ruleof-law state of the people, by the people and for the people in our country today 12 Chapter THE REALITY OF HUMAN RIGHTS ASSURANCE IN VIETNAMESE FEUDAL LAWS 3.1 Regulations on human rights in the Vietnamese feudal law 3.1.1 Living right in the Vietnamese feudal law - The Vietnamese feudal law stipulates strict penalties for dangerous acts or deprive others life - The Vietnamese feudal law stipulates responsibilities of bureaucracy in caring and improving the people’s life to ensure their survival - The Vietnamese feudal law stipulates in some cases restricting the use of death penalty 3.1.2 Freedom and personal security in the Vietnamese feudal law - Although there were limitations of the law with strict punishments, the Vietnamese feudal law had many highlights through protection of life, health, honor and dignity of human beings - The Vietnamese feudal law also had regulations to minimize the abuse of power by dignitaries in the society and prevent wrongdoing From a specific perspective, freedom and personal security are expressed in some procedural rights: The right to not be retroactive; the right to be tried fairly and publicly by the authority and established by law; the law recognizes and protects the right to appeal for those who have the right to appeal 3.1.3 Property ownership in the Vietnamese feudal law The law not only recognizes and protects private property rights to land, but also protects the private ownership to other properties All acts of infringing upon the property ownership of others are strictly punished The Vietnamese feudal law had specific provisions to recognize and guarantee this right However, in the monarchy, especially the Eastern monarchy, only the King has absolute ownership; private ownership (for land and other property) is restricted by the King’s ownership 3.1.4 The rights of vulnerable and disadvantaged groups in the Vietnamese feudal law 13 When building ancient laws, in this period, lawmakers introduced many regulations to protect the rights of vulnerable people such as women, elderly, children, disables and offenders This shows humane tradition of Vietnamese people in the spirit of “the leaves protect tattered ones”, “the red cloth drapes the mirror frame, people living in the same country should be loving each other” - Protecting and defending women rights + First of all, ancient law of Vietnam guarantees the right to marriage and equality in the marriage of women in a certain extent + The Vietnamese feudal law recognizes and protects women’s property rights as well as their inheritance rights + Based on specific factors of gender, the Vietnamese feudal laws had more priorities for women: some regulations show the protection and advocacy of women when applying penalties; in feudal society, women dignity and “honor” are always respected and appreciated On the other hand, however, it is undeniable that there are still many regulations of protecting patriarchal behavior and to value men above women in the Vietnamese feudal law - Protecting the rights of the elderly, children and disabilities - For offenders: The legal policy is therefore very strict but also has many very lenient and humane points Thus, in addition to the classality of the monarchy law, the Vietnamese feudal law still had humanitarian positive points in resolving people-topeople relationship, between the ruling class and the ruled class by norms to protect the people’s rights and interests and fight against bullies and bureaucracy; protecting the rights of the lower class, the slave and the vulnerable group 3.2 The reality of regulations on human rights assurance in the Vietnamese feudal law 3.2.1 Prohibiting acts that infringe upon basic human rights Many provisions of the Vietnamese feudal law had adjusted bureaucracy behavior when performing public duties The bureaucracy is allowed for some behavior but there are also many regulations showing 14 that the bureaucracy is not allowed doing Especially provisions on on the service of state interests 3.2.2 Handling bureaucracy violations of human rights In addition to raising obligations and responsibilities of the bureaucracy, the Dai Viet feudal state showed determination and sternness to all cases that the bureaucracy committed crimes affecting the interests of the people The state bureaucracies are those who enforcing the assigned work, representatives of the king power to manage territory but they must rely on an exemplary, serving the people and take care the people’s lives However, the bureaucracies are persons who use power and violent means so they are often more likely to abuse their positions and powers to make their own benefits and bully the people Therefore, the Vietnamese feudal law had regulations to protect people from the violations of the court bureaucracies 3.2.3 Creating a base for the people so that they could protect their rights To be able to protect human rights, individuals must understand and fully realize their rights This means that it is necessary to bring the law to the people In fact, the Vietnamese feudal state has also had many flexible measures to bring the law to the people However, there may be a panoramic view of the educational level in the feudal period was still relatively low Only a few people went to school and most of villagers were illiterate or very low education Therefore, the law enforcement on human rights is limited by individuals’ capacity in protecting their rights 3.3 The reality of regulations of supporting the implementation of human rights in the Vietnamese feudal law 3.3.1 Building an institutional framework to support the implementation of human rights a Establishing the organizational structure of the state apparatus to limit arbitrariness In terms of regime, the Dai Viet monarchy is an autocratic one However, the arbitrariness of the Dai Viet monarchy is not as extreme as 15 the Chinese feudalism The Dai Viet feudal state was not only representatives of the King interests and the ruling class but was also representatives of the nation and people’s interests In order to ensure that nature, the state apparatus must create a mechanism to control power in the organizational structure to avoid abusing power and affecting the people’s interests b The state shall take measures to continuously improve qualifications and capabilities of bureaucracies - Bureaucracies were all good doctors in writing poems and know how to rule the people, they had a high level of management and relatively unify The competitions are strictly organized and with comprehensive contents, so it is possible to select persons with profound and comprehensive knowledge to apply for the process of ruling people and the country - In the process of using bureaucracies, the Vietnamese feudal state paid special attention to and maintained the regular examination regime to assess the advantages and disadvantages, what has been done and what has not been done so as to determine talent and virtue of the bureaucracies However, stemming from the nature of a feudal state, it is also undeniable that, in fact, the Vietnamese feudal state apparatus was still a bureaucratic, monarchical apparatus, demonstrating the king’s power by holding power, making the political-legal regime had increasingly become arbitrariness, to keep aloof from the masses and opposite to the people’s interests 3.3.2 Establishing a procedural process to create an institution of supporting law enforcement on human rights In the history of Vietnamese feudal law, it is paid attention to the proceedings, this has great contributions to reduce lawsuits, maintaining social order and protecting the people’s legitimate rights and interests, especially the advantaged group In addition, to enhance the effectiveness, Vietnamese feudal law also had regulations on controlling litigation 16 However, in fact, with low education levels plus the fear of litigation, so justice was still far away from the people There were many wrongdoings One of the reasons for this situation is that bureaucracies just applied interrogation while defendants did not have right to defend or ask for defense counsels, they did not have right to litigate to refute the accusations 3.3.3 Creating a stable political environment, and socio-economic development to support people assessing basic human rights In order for human rights to be exercised, it is necessary to have guaranteed conditions, in which the law is the most important but it is necessary to have other factors such as politics, economy and society Therefore, in addition to institutionalize human rights, the Vietnamese feudal law also created conditions for political stability, socio-economic development so that people could access to the rights a Political and social policies - When enemies coming, the feudal court was the focal point of solidarity and directing the people to fight against the enemies This is an important condition for the basic human rights to be exercised because if the country was still enslaved, it was impossible to talk about the exercise of human rights - In the history of the Vietnamese feudal regime, many “clearsighted kings” had shown their spirit of seeking the truth by issuing “Chieu cau loi noi thang” to listen to the opinions of bureaucracies and people about good/bad things and how to rule the country - Some Kings allowed people to be claimed innocence: placing bell towers in the left and right sides at Van Minh and Quang Vu palaces so that people could ring the bell to claim innocence; placing the ark at the Lord’s door so that anyone who is unjust or harmed by another person, could write petition to present clearly incident, name and hometown in order for reviewing easier, anyone left anonymous mail to slander other person, will be severely punished - In addition to the above strategies, bureaucracies were mainly recruited through examination, including commoners, this also bring 17 certain effects for a stable political life and limiting bureaucracy This contributes to the adjustment of the state policies closer to the people a Economic policies With specific economic policies such as the division of land to farmers; exempting and reducing tax and distributing to the people when have a poor crop, the Vietnamese feudal state had guaranteed the minimum living standard for each person and constantly improving living standards for everyone Thenceforth, the people could access and benefit their basic rights However, the implementation of social functions has contributed to consolidating the state’s domination, the nationality and the people were not able to obscure the state’s class nature Therefore, conditions to ensure the implementation of basic rights are also partly recognized 18 Chapter CONTEMPORARY VALUES, LESSONS LEARNED AND INHERITED DIRECTIONS TO OVERCOME ISSUES OF HUMAN RIGHTS ASSURANCE IN THE VIETNAMESE FEUDAL LAW 4.1 Contemporary values and directions to inherit the advantages of the law on human rights assurance in the Vietnamese feudal period 4.1.1 Contemporary values of the Vietnamese feudal law on human rights assurance First, human rights assurance in the Vietnamese feudal law shows profound humanistic and humane values Second, human rights assurance associated with awareness and implement a fine humane moral philosophy Third, to heighten the state’s responsibility in guaranteeing human rights 4.1.2 Directions to inherit the advantages of the law on human rights assurance in the Vietnamese feudal period a Inheriting nice humanistic and humane traditions of the nation from the provisions of ensuring the rights of disadvantaged groups in the Vietnamese feudal law Only when people build up a culture of loving someone that they could create a solid social foundation for human rights assurance Therefore, the traditions of love and help each other in the community, especially the spirit of “the leaves protect tattered ones” always needs to be promoted and continued in the process of building a human rights culture b Promoting the moral values in Vietnamese feudal law to build a human rights culture consistent with the fine customs and traditions of the nation In the socialist theory, the moral relationship is not as high as the Confucian rule, but its nature is still for people and wish people living in a good and humane society, and family is a cell of the society - where the people were born, gown up and educated In fact, many regulations of the ancient law have become habits of behavior in the community, and fine customs and traditions of the nation The human rights law that we are 19 building today, has common values but it must always consistent with fine ethical tradition and customs of the nation so that we could integrate but never assimilate c) Inheriting the provisions of the Vietnamese feudal law on the responsibility of the state and bureaucracies towards the people - For acts of infringing upon properties of the State and the people, damaging the people’s morale and life, the feudal laws stipulated principle of implementing compensation This principle both overcomes the actual consequences, with high deterrence and preventing illegal acts of the bureaucracies, improving the public duty performance, thereby ensuring the people’s rights and interests - The feudal law of Vietnam has acknowledged the principle “just doing what law does allow” to the state agencies and employees when performing their functions and duties This is one of the two basic principles of modern legal science in the Vietnamese feudal law Guaranteeing these principles is the basis for the state agencies and employees could enforce correctly the law while ensuring the people’s legitimate rights and interests - The Vietnamese feudal law always upholds and respects public morals to comprehensively fight against corruption 4.2 Limitations of the Vietnamese feudal law in ensuring human rights and lessons for improving the law on human rights assurance in Vietnam today 4.2.1 The Vietnamese feudal law with “severe penalty” nature has greatly hindered and limited human rights assurance Criminalizing legal relations has made the feudal laws with strict criminal sanctions were not able to avoid the heavy and obsessive, sometimes contrary to the modern legal thought These are limitations of ancient laws and are gradually eliminated and overcome in modern laws, especially with the law increasingly towards a better guarantee for basic human rights It can be seen that the death penalty in Vietnamese feudal law is still quite common for many types of violations This is not in line with the 20 spirit of international human rights law Therefore, we need to study to gradually reduce crimes punished by the death 4.2.2 The Vietnamese feudal law with hierarchical nature and many regulations discriminate against women and girls leading to inequality in the society - The feudal society had distinctions between different classes, for those who are in the ruling class enjoy more privileges than the peasant class This limitation of Vietnamese feudal law has been gradually removed and overcome in the process of building a law to respect and protect human rights in our country today in the spirit of the Universal Declaration of Human Rights 1948: “All are equal before the law and are entitled without any discrimination to equal protection of the law” (Article 7) In our country, the right to equality before the law of every citizen is recognized by the Constitution and is concretized in a number of specialized legal documents - The Vietnamese feudal law still has many discriminatory provisions against women and girls, limiting equality in society Currently, there are many obstacles in implement the law on gender equality between men and women, some reasons are not arising from the law but from Confucian thought “to value men above women” Therefore, in addition to improve the provisions of the law to protect feminists, we also need to strengthen education to change perceptions and behaviors of each person about women role and position in today’s society 4.2.3 The Vietnamese feudal law still shows off one’s strength and punishment in the process of proceedings leading to limit human rights Lawmakers in the feudal era did not divide laws into criminal laws, civil laws, so they also provided general proceedings without distinction between criminal and civil proceedings For the modern law, on the basis of the Constitution, the state has built a number of basic common laws and many specialized laws Thus, the procedural law become a separate tool in the judicial field, it is no longer a single code, a simple legal tool in social management like the feudal state, the law is concretized, the accompanied sanctions are also different, we can see this issue in the criminal procedure 21 law and civil procedure law, economic law and administrative law With the characteristics of adjusted objects, the criminal, civil and administrative procedural laws will build appropriate procedures in each area This aims to further ensure the people’s rights and interests in the proceedings The legal and political system in the law system during the monarchy period had created the characteristics of Vietnam’s feudal proceeding system Mistreatment, use of violence and inhumane of the procedureconducting agencies towards offenders and accused always cause urgent matter in public opinion, fail to people’s trust and go against the humanitarian and lenient nature of the progressive law and it may be the factor falsifying the truth of the case Therefore, the existing law needs to prohibit these acts to better protect the rights of accused and offenders The feudal monarchy did not have principle of decentralization, the King held all powers Obviously, this is no longer in line with the requirements of the current rule-of-law state The court plays an independent role from the remaining branches is the most important thing of a democratic state The meaning of this principle is that the court is able to fairly judge all disputes in the society The typical codes in the Vietnamese feudal law had provisions to protect justice in the trial But in fact, the justice is still strange to the people There were still many wrongdoings One of the reasons for this situation is that bureaucracies just applied interrogation In this way, defendants had no right to defend or ask defense counsels and they had not right to litigate to refute accusations These limitations have been removed from procedural law in our country 4.2.4 The organizational structure of the bureaucratic monarchy apparatus limited the people’s rights, freedom and democracy In the Dai Viet feudal dynasties, although Kings showed clearly the ideology close to the people and consider the people as a foundation, Kings just looked at the people and loved them like the ruled objects who need to be nurtured, loved and saved Dynasties had never taken the people as the owners of ruling the country so that today we call the state 22 power holder In essence, the state’s responsibility in the conception of the feudal period is not similar to the contents of the state’s role and responsibility in serving the people as well as reciprocal relationship between the state and the people in activities of the socialist rule-of-law state of the people, by the people and for the people in our country today 4.2.5 The thinking about value rule above law in the Vietnamese feudal society limited the ability to self-defense of human rights The thinking about value rule above law in the Vietnamese feudal society had greatly limited the protection of human rights, especially for subjects benefit those rights If people are aware of their rights and the importance of being respected human dignity, they will increase the ability to protect themselves against infringement from public power as well as another person At the same time increase respect for other person’s dignity in the community Therefore, human rights education is a key activity to enhance awareness of human rights today 23 CONCLUSION By examining human rights assurance in the Vietnamese feudal law, the author has systematized and analyzed specifically the reality of human rights assurance in the Vietnamese feudal law The Vietnamese feudal law contains many valuable values including human rights assurance The law provides many provisions to protect basic interests of human, disadvantaged groups in society such as women, the elderly, children and single persons The Vietnamese feudal law has many provisions to prevent the possibility of human rights violations by defining clearly bureaucracy’s responsibilities in the state apparatus; the procedural law of the Vietnamese feudal state has many specific provisions on procedural procedures that show respect for human nature In addition to the progressive values, however, there are also many unfair regulations such as protecting the bureaucracy’s privileges; to appreciate power and hierarchy in the society; protect inequality between husband and wife; having strict rules for women The innovation of our country is a very great event and a lot of works need to be done, in which building a socialist rule-of-law state is an important mission The inheritance and promotion of positive and progressive elements of human rights have been achieved in the codes in the period of Vietnamese feudal society will contribute significantly to build socialist rule-of-law state of Vietnam Because the acquisition and development of positive elements of human rights in history will contribute to the process of making policies and laws of the state to properly manage and develop society in line with the tradition and development process of our country in the new period In addition, establishing and ensuring the implementation of human rights values on the basis of inheriting traditional values and in accordance with intellectual standards and socio-economic conditions are significant factors to create the real values of the innovation, industrialization and modernization of the country This contributes to affirming humane values in building the socialist rule-of-law state in our country today 24 The author’s published-research works list Ngo Thi Thu Hoai (2016), Taking advantage of advanced science to choose gender has affected the rights of girls are being born, Monographs Development of Science & Technology and Human Rights, Social Sciences Publishing House, pp 99 -108 Tang Thi Thanh Sang (ed.,), Ngo Thi Thu Hoai & Ho Thi Nga (2017), The history of Vietnamese state and law, Vinh University Publishing House Ngo Thi Thu Hoai (2018) Decentralization of jurisdiction to protect human rights in Quoc trieu kham tung dieu le (The royal court’s penal procedures code), Journal of Democracy and Law, No (311), pp 26-30 Ngo Thi Thu Hoai (2019) The right to live in Vietnamese law during feudal time, Journal of Social Science Manpower, No 5, pp 36-45 25 ... dissertation 1.3.1 The contents need to be examined in the dissertation First, general concept of human rights assurance in the Vietnamese feudal law (concept and contents) Second, studying factors... rights in the current context in Vietnam Chapter THE THEORETICAL ISSUES ON HUMAN RIGHTS ASSURANCE 2.1 Concept, contents and attributes of legal assurance of human rights 2.1.1 Concept of legal assurance... rights assurance in the specific context of Vietnamese feudal society Second, the dissertation assesses contents and the reality of human rights assurance in the Vietnamese feudal law Third, the