Summary of Doctoral dissertation: Quality of judges of people’s court in Laos people’s democratic republic

The research subject is the theoretical and practical issues of quality of judges of the People''s Courts. The thesis studies the quality of judges of the People''s Courts from 2006 to 2016.

MINISTRY OF EDUCATION AND TRAINING / MINISTRY OF HOME AFFAIRS -/ - NATIONAL ACADEMY OF PUPLIC ADMINISTRATION Khamphanh SOPHABMIXAY QUALITY OF JUDGES OF PEOPLE’S COURT IN LAOS PEOPLE’S DEMOCRATIC REPUBLIC Major: Public Management Code: 9.34.04.03 SUMMARY OF DOCTORAL DISSERTATION OF PUBLIC MANAGEMENT HA NOI - 2018 The work has been completed at: NATIONAL ACADEMY OF PUPLIC ADMINISTRATION Supervisors: Deputy Prof PhD Luong Thanh Cuong Deputy Prof PhD Nguyen Thi Thu Ha LIST OF PUNLISHED SCIENTIFIC WORKS RELATED TO THE THESIS Khamphanh SOPHABMIXAY, Renovating training, retraining of judges of the people’s courts in Lao People’s Democratic Republic, State management No 234, issued in July, 2015, page 96-99 Khamphanh SOPHABMIXA, Experience in improving the quality of judges in some countries in the world, Theoretical Education No 231, issued in 2015, page 181-183 Khamphanh SOPHABMIXAY, Completing criteria on assessing the quality of judges of the people’s courts in Lao People’s Democratic Republic, State management No 242, issued in March, 2016, page 114-116 Reviewer 1: ………………………………………… Reviewer 2: ………………………………………… Reviewer 3: ………………………………………… The dissertation is presented at the Academic-level Dissertation Assessment Council Location: Meeting Hall floor National Academy of Public Administration No.77, Nguyen Chi Thanh, Dong Da, Hanoi Time: date month 2018 The dissertation can be found at the library of National 27 and selective manner in terms of feasibility and appropriateness to practice in Laos, specifically the reality of organization and operation of the state apparatus in general and the people's court apparatus from central to local in particular Improving the quality of people's court judges is one of the key, urgent tasks that need to be addressed In particular, the continuous improvement of the institution, the policy of construction and management from the planning, creating sources, arranging the use, training, fostering, to the treatment regime are significant to create a favorable legal and environmental corridor to attract and improve the quality of people's court judges, thereby, constantly improving the effectiveness and efficiency of the state management of the people's court system of the Lao People's Democratic Republic 26 INTRODUCTION The necessity of the thesis During the human society history, whatever its type or organization, every state has three branches of power: the legislature, the executive and the judiciary which are also three functional groups given to certain subjects of power In any state organization, with any state power in the hands of any subject, the judicial power whose nucleus is the jurisdiction is always enforced to protect the justice or at least to protect the rights and status of the ruling class In types of modern states, a court (also known as a court) is an institution which plays a central role in the judicial system, which is also central to the judicial executing agency system of the state apparatus Depending on the nature of the state and the political system, the agency system is organized independently from the legislature and the executive at various levels Despite varying in degree, the ultimate goal of the court is to protect the justice and the rule of law against violations both from citizens and from the state As such, the court is also an extremely important institution in ensuring legislation If the people's court is the center of judicial power, the judge is the soul of the system of people's courts Thus, judges are those who play a role in building the strongest support system for judicial power Therefore, it can be seen that the quality of judges of the People's Courts has a great impact on the effectiveness, efficiency of judicial activities and the protection of law in practice The quality of people's courts judges at a high level is not sufficient to ensure the effectiveness and efficiency of trial activities due to a variety of factors People’s Courts of low level are likely to bring about low effectiveness, inefficiency of jurisdiction and legal protection This logical thinking leads to a firm conclusion that enhancing the quality of judges is a prerequisite for enhancing the effectiveness and efficiency of trial of the people's courts Judges are those who directly perform the functions and duties of the people's court in practice Therefore, they are also the ones who directly contribute to the protection of justice, the protection of the law, the guarantee of a strong rule of law In order to ensure the organization and operation of the judicial system, many divisions and groups of cadres, civil servants and officials are recruited, appointed to perform various tasks Judges are the ones who directly assume the basic and ultimate function of the court as trial It means that without judges, there will be no people who carry out the main activity of the people's court, and the existence of the people's court is not meaningful in terms of both theory and practice In the rule of law, the People's Court is at the heart of the exercise of judicial power in order to maintain discipline and rules; to protect the constitutional and legal solemnity If a people's court is considered as a machine, each judge is considered as an important part of the machine, without judges the machine will not be able to operate smoothly It can be said that the judge is an important, indispensable factor of the people's court system; It also means that the efficiency of the judicial process at the high or low levels depends mainly on the quality of the judges In the Lao People's Democratic Republic, in the past years, the training and retraining of judges has been paid due attention by the Lao government, the quality of judges has gradually improved However, in practice in the Lao People's Democratic Republic, the quality of judges has some limitations that need to be overcome: In the Lao People's Democratic Republic, in the past years, although the training and retraining of judges has been paid due attention by the Lao government, the quality of judges has gradually improved However, in practice in the Lao People's Democratic Republic, the quality of judges has some limitations that need to be overcome: Establishing and perfecting the preferential treatment regime for for judges of the People's Courts is a major part of the civil servant reform and judicial reform program undertaken in the current period in Lao People’s Democratic Republic 25 CONCLUSION With regard to the people's court system in Laos, the quality of cadres and civil servants in general, the quality of judges in particular has become more urgent This is due to the socio-economic development characteristics of Laos in the present period, when the legal system is not synchronous and complete, the apparatus of exercising the judicial right of the nation has not been perfect yet While the pace of integration has increased rapidly, socio-economic subjects have been constantly exploiting the legal loopholes to profit unlawfully With the quality of the people's court judges, the state management of the judiciary is ineffective and inefficient, causing considerable damage to the interests of the State and the people That is the basic, key problem when studying, researching the causes of the state management which is still inadequate as today Contributing to basic research with the aim of promoting staffing, as well as training and retraining policies, improving the quality of cadres and civil servants in the people's court system in general and judges of People's Court of Laos in particular, the thesis pointed out the fundamental shortcomings in quality of the people's court judges and the underlying causes of that situation The contents presented by the thesis are the research, comparison between theoretical issues and socio-economic realities in Lao PDR in the period of industrialization, modernization and renovation in many areas of life Groups of solutions to improve the quality of cadres and civil servants of the people's court system are presented in a systematic  Contents of accomplishing the managerial institution of cadres and civil servants of the people’s court 4.3.2 Regularly training and educating politics for the judges of the People's Courts Training and fostering, political education, ideology, ethical qualities, professional for the judges and judicial officials should focus on the practical contents for each judicial titles; The methods of training and fostering must be studied in an up-to-date way with an aim of directing performance of tasks systematically 4.3.3 Rejuvenating judges on a standard basis, ensuring continuity of development and inheritance Rejuvenating people's court judges is one of the basic contents defined in Resolution No 24/NQ-TW of the 7th Central Committee of the Lao People's Revolutionary Party, Session VIII on the judicial reform program for the period 2010-2020 with an aim to constantly supplement the contingent of staff in the people's court 4.3.4 Renovating the training and fostering for the judges of the People's Courts Training and retraining of judges is to provide professional training and fostering, to train the contingent of potential officials to appoint judges, and to perform judicial duties 4.3.5 Renovating the examination and evaluation of judges of the People's Courts To ensure the operation of the people's courts at all levels and the judges to work more effectively, timely detect weaknesses, acts of law violation of judges, cadres and civil servants of the people's courts, the leaders of the judiciary must constantly renovate the examination and evaluation of judges 4.3.6 Completing the preferential treatment regime for judges of the People's Courts - The contingent of judges are not really stable, professional; The capacity and competency of the contingent of judges has been raised to a certain level but not in line with the requirements of the tasks and there are many inadequacies and limitations in some aspects such as social knowledge, market economy, foreign language, and international legal knowledge for international integration, public administration, public service skills, as well as the ability to apply modern scientific technology in public service activities - The legal document system on organization and management of cadres and civil servants in general and judges in particular has been gradually improved, but so far there are still many inadequacies - The professional titles of civil servant ranks has been standardized, however, it is still not uniform, in fact it is still formal; The review, classification and evaluation of staff in general and judges in particular are limited; The planning and rotation of officials and judges in the sector is slow. The regimes of management, employment, preferential treatment and policies, especially salary and allowances for cadres and civil servants, especially judges, are still unreasonable and incompatible with their profession and their legal responsibility, they are not really attractive and fail to create motivation for the contingent of cadres and civil servants in general and the judges in particular to raise their responsibilities and to enhance their morality and work capacity and fail to attract talented people to serve the court Furthermore, in comparison with the quality of judges in other countries in the world and in the region, it is still low; Compared to the requirements of the Judicial Reform Program for the period 20102020, in the light of Resolution No 24 of the Lao People's Revolutionary Party Central Committee on September 4, 2009, the quality of Lao judges has revealed certain limitations and inadequacies, not meeting the increasing requirements of the practice of trial in the current period 24 For the reasons above, I select the topic of "Quality of judges of the People's Court of the Lao People's Democratic Republic" as the subject of doctoral dissertation, in which I study and systematize the theoretical and practical issues in Laos to provide concrete and practical recommendations and solutions, contributing to the improvement of the quality of officials and employees of the Lao People's Court, the judges of the Lao People's Court in particular Research aims and tasks 2.1 Research aims On the basis of clarifying the theoretical and practical issues of quality of judges of the Lao People's Court, the dissertation proposes measures to improve the quality of judges of the People's Courts in the People's Democratic Republic Laos in the current period 2.2 Research tasks - Systematizing, analyzing and evaluating the overall situation of research related to the topic, highlighting the already well-researched, inheritance issues and the issues which should be further studied - Studying the theoretical basis on the quality of judges of the People's Courts in general and in Laos in particular - Analyzing and evaluating the quality of judges of the People's Courts of Lao People's Democratic Republic, thereby pointing out the limitations, weaknesses and causes - Proposing and recommending measures to improve the quality of judges of the People's Court of the People's Democratic Republic of Laos at present Subjects and scope of research 3.1 Research subjects The research subject is the theoretical and practical issues of quality of judges of the People's Courts 3.2 Research scope - Regarding time: The thesis studies the quality of judges of the People's Courts from 2006 to 2016 4.1.4 Improving the quality of judges of the Lao People's Courts in order to meet the requirements of regional and international integration Given the current requirements of the integration of Laos, judges and officials, civil servants of the courts are required to understand the political, economic and social situation in and outside the country; to fully understand the provisions of international law so that they can handle and settle disputes related to international integration and decisions of foreign arbitrators and courts 4.2 VIEWPOINTS ON IMPROVING THE QUALITY OF JUDGES OF PEOPLE'S COURTS Improving the quality of judges of the people's courts must be in the direction of promoting rights and responsibilities so that they can actively carry out their tasks; It must be associated with the renewal of contents and methods of training law bachelors in the direction of updating new political, legal, economic and social knowledge; It is aimed at training sufficient number of judicial staff; It must be associated with the mechanism of attracting and recruiting high-level people with deep professional knowledge, good working ability and good morality to work in the system of people's courts at all levels; It must be associated with the planning and rotation of cadres and civil servants of the people's court in accordance with the law 23 4.3 SOLUTIONS TO IMPROVE THE QUALITY OF THE PEOPLE'S COURTS IN THE LAO PEOPLE'S DEMOCRATIC REPUBLIC 4.3.1 Accomplishing the managerial institution of cadres and civil servants of the court  Principle of accomplishing the managerial institution of cadres and civil servants of the people’s court Chapter VIEWPOINTS, SOLUTIONS ON IMPROVING THE QUALITY OF THE PEOPLE'S COURT JUDGES IN THE LAO PEOPLE'S DEMOCRATIC REPUBLIC 4.1 NECESSITY OF IMPROVING THE QUALITY OF THE PEOPLE'S COURT JUDGES 4.1.1 Improving the quality of judges of the Lao People's Courts in order to meet the requirements of building a rule-oflaw state in the Lao People's Democratic Republic Judges of the People's Courts are the ones who directly exercise the judicial power in the state power organization system, which is a special kind of power Therefore, there are always strict legal regulations to select, appoint and manage a contingent of judges to meet the requirements and orientations for building a socialist ruleof-law state in Lao PDR 4.1.2 Improving the quality of judges of the Lao People's Courts in order to meet the requirements of the Judicial Reform Program for the period 2010-2020 and subsequent periods The tasks of judges of the People's Courts include the performance of assigned tasks in accordance with the law, directly assigned by the Chief Judge and, at the same time, not doing prohibited activities for judges of the people‘s court 4.1.3 Improving the quality of judges of the Lao People's Courts to meet the increasing demands of adjudication The general requirement of society for all individuals is linked to the exercise of their position, role in society In every stage of development, every single society has different systems of positions and roles due to the impact of the division of labor, social and economic, historical and cultural characteristics of each country, each community - Regarding space: The thesis studies the quality of judges of the People's Courts in the territory of the Lao People's Democratic Republic - Regarding contents: The research focuses on the theoretical and practical issues related to the quality of judges of the People's Courts as a scientific basis for the evaluation of reality and solutions of the quality of judges of the People's Courts People in the People's Democratic Republic Laos in the current period Methodology and research method 4.1 Methodology of the thesis The dissertation is based on the methodology of dialectical materialism and historical materialism of Marxism-Leninism, the views of the Lao People's Revolutionary Party and the Lao People's Democratic Republic on civil servants of people's court in general, contingent of judges in particular 22 4.2 Research Method of the thesis The dissertation uses modern public management science and management theories to build the scientific basis for the quality of judges of the People's Court of the Lao People's Democratic Republic and specific research methods are as follows: Methods of secondary materials research, methods of analysis, synthesis; Method of assessment, summation of reality, method of sociological investigation; Comparative and forecasting methods; Study theory The thesis is based on the following theoretical bases: First, the theory of the organization of state power, the state apparatus of Marxism-Leninism, in the view of the Lao People's Revolutionary Party on the socialist rule-of-law state Second, theories of personnel management, personnel assessment; human resource management theory of the psychosocial schools of McGregory, Entol Mayor and Maslow; The modern school of Peter Drucker, Chandler, Lewrence Third, the theories of design, analysis, and evaluation of work as the scientific labor organization (FW Taylor, H Fayol, Gantt), Adam Smith's theory of specialization, Hackman and Oldham's psychological theory in Work Design, Theory of working time standard 4.4 Research Hypothesis In the course of the study, the author of the thesis will collect, analyze, process and evaluate information to verify and conclude the correctness of the following research hypotheses: Hypothesis 1: The quality of people's court judges in the People's Democratic Republic of Laos is still relatively low and fails to meet the demands of the country's socio-economic development in general and of the Lao state apparatus in particular Hypothesis 2: Improving the quality of people's court judges in the Lao People's Democratic Republic is a necessary and urgent requirement In order to improve the quality of judges of the People's Courts in Lao PDR, it is necessary to carry out synchronous solutions from accomplishing institution, building a contingent of judges, training, retraining and examination, evaluation and preferential treatment for judges 4.5 Research questions The study of the topic stems from trying to explain the research questions related to the quality of judges of the People's Courts: - What is the role of judges in the public administration in general and in the people's courts? - What is the quality of judges of the People's Courts and how it affects the effectiveness and efficiency of civil service? - How is the quality of judges of the People's Democratic Republic of Laos (2006 - 2016) expressed in a qualitative and quantitative way and what are the underlying causes of the quality of the situation? Thirdly, the technical equipment and resources in service of the People's Courts are insufficient and outdated, unable to support the performance of tasks and official duties of the people’s court judges Fourthly, the perception of a section of judges on the position, role and importance of the people's courts in judicial reform is not really correct Fifthly, the system of legal documents on the organization and operation of the People's Courts and the building of the people's court judges has many shortcomings Sixthly, the coordination between judicial agencies and other concerned agencies and organizations is not tight and synchronous Seventhly, sense of responsibility, sense of discipline of a section of cadres, judges are weak; working style is outdated, not self-practice and self-criticism Eighthly, mechanisms of recruitment, training, fostering, appointment, reward and discipline of cadres and civil servants of the people's court are still inadequate Ninthly, investment in facilities, working facilities and ensuring funding for the regular activities of the people's court system is insufficient, not commensurate with functions and duties Tenthly, the agencies in charge of personnel organization in the sector are slow to innovate; scientific research on organization and staff is not paid much attention 21 improved and upgraded physically, linked to the development and improvement of the nation's race according to the national program of health of cadres and civil servants and public health 3.3.1.2 Causes Firstly, training and retraining judges has positive results Secondly, the process of selection and appointment obeys strictly the standards of appointment of judges Thirdly, the process of registration, health check and care of cadres and civil servants of the People's Courts in general, of judges in particular is improved in many aspects Fourthly, the management of judges and the protection of internal politics are ensured 3.3.2 Limitations and causes 3.3.2.1 Limitations Firstly, the contingent of judges is not really stable, professional; the qualifications and capacity of the judges have been raised to a certain level but not meeting the requirements of tasks and they still have many shortcomings Secondly, a section of judges has deviated in terms of political quality, degeneration of life style, revolutionary morality Thirdly, the skills of public duties of judges of the People's Courts are incomplete Fourthly, the system of legal documents on organization and management of cadres and civil servants in general and judges in particular has been gradually improved However it still has some shortcomings 3.3.2.2 Causes Firstly, the perception of the development process and the predictability are still limited Secondly, the adverse effects of the market economy, the materialistic life, the pursuit of money make a section of the people's court judges degenerate in morality, lifestyle, directly affecting thinking and behavior of the judges in each specific task - Do the quality of people's court judges in the Lao People's Democratic Republic meet the requirements? - What can be done to improve the quality of people's court judges in the Lao People's Democratic Republic? - What are the views of the Lao People's Revolutionary Party on improving the quality of people's court judges in the Lao People's Democratic Republic and what are appropriate solutions? Contribution of thesis 5.1 Theoretical contributions This thesis is an in-depth study in public management science, a relatively comprehensive and systematic study of quality of judges in the people's court system in Laos in the current public administration reform phase The theoretical significance of the thesis is reflected in the following contents: - Clarifying basic contents and criteria for the quality of judges in the system of the Lao People's Courts, strengthening the theoretical basis for assessing the quality of judges of the people's courts and issues in improving the quality of judges in the judicial branch On the basis of concepts of judges of the people's courts; quality of judges of the people's courts; basic criteria for assessing the quality of judges of the people's courts; some experiences in improving the quality of judges of some countries , pointing out basic relationship between the quality of judges of the people's courts and the efficiency and effectiveness of state management in implementation of judicial power in Lao PDR at present - Analyzing from the perspectives of the Marxist-Leninist revolutionary theories, state management theory to confirm the inevitability of constantly improving the quality of the staff of the people‘s court in general, the people's court judges in particular Thereby, pointing out basic principles and requirements of improving the quality of judges of the People's Courts as well as the meaning of improving the quality of people's court judges 20 - Analyzing and evaluating factors which affect the quality of judges of the People's Courts and improvement of the quality of judges of the People's Courts - Proposing orientations and solutions to improve the quality of the people's court judges in subsequent periods 5.2 Practical contributions As a research of state management, the thesis focuses on theoretical issues associated with the practice of Lao PDR Thus, the implementation of the thesis makes concrete contributions in reality: - The proposals in thesis are one of the bases for the competent authorities of Lao PDR to refer to the process of improving the quality of judges of the Lao People's Court - The thesis is a reference in studies, teaching civil service, civil servants in general and contents related to the operation of the people's courts, the quality of judges of the people's courts in particular in Lao PDR Thesis structure In addition to the introduction, conclusion, list of works, articles published by the author and reference list, the thesis is divided into chapters: Chapter 1: Research Overview Chapter 2: Scientific basis for the quality of judges of the People's Courts Chapter 3: Quality of Judges of People's Courts in the Lao People's Democratic Republic Chapter 4: Viewpoints and solutions to improve the quality of judges of the People's Courts in the Lao People's Democratic Republic law or higher, 62.4% of middle-ranking judges have bachelor degrees in law, 37.6% of middle-ranking judges and 100% of judges have a degree in law 3.2.2 Public performance skill Public performance skill of people's court judges is divided into many types, specific skills, associated with each activity, each type of case, specific cases 3.2.3 Political and ethical qualities Political and ethical qualities are one of the very basic elements that make up the quality of judges of the people's courts 3.2.4 Physical According to the Law of the People's Courts, the selection and appointment of judges of the People's Courts in Lao PDR has been carried out more strictly and more closely, ensuring the order of procedures, including the physical check of those who are appointed as judges by two rounds of checks 3.2.5 Results, performance of public duties Results, performance of public duties are very difficult to assess, because it is often qualitative, and evaluation scales are often difficult to define, in which it is easier to assess the results of public duties than the performance of public duties Results of public duties are reflected through specific data; the effectiveness of public duties is reflected through how it impacts the legal environment in Lao PDR 3.3 QUALITY ASSESSMENT OF THE PEOPLE'S COURT JUDGES IN LAO PEOPLE'S DEMOCRATIC REPUBLIC 3.3.1 Advantages and causes 3.3.1.1 Advantages Firstly, the qualifications and professional capacity of people's court judges are increasingly enhanced; Secondly, ethical and political qualities are strengthened Thirdly, the skill of performing public duty is increasingly promoted, which is shown by good accomplishment of the assigned tasks efficiently and time being shortened; Fourthly, judges of the People's Courts have also been 10 19 Chapter THE QUALITY OF PEOPLE'S COURT JUDGES IN THE LAO PEOPLE'S DEMOCRATIC REPUBLIC TODAY 3.1 OVERVIEW OF THE QUALITY OF PEOPLE'S COURT JUDGES IN THE LAO PEOPLE'S DEMOCRATIC REPUBLIC TODAY 3.1.1 Organizational structure of the People's Courts 3.1.1.1 The Supreme People's Court 3.1.1.2 District People's Courts 3.1.1.3 Provincial People's Court 3.1.1.4 District People's Courts 3.1.2 Jurisdiction of the People's Courts at all levels The jurisdiction of the People's Courts at all levels is in accordance with the Law on the People's Courts of the Lao People's Democratic Republic in 1989 (as amended and supplemented in 2003 and 2009) as follows: Supreme People's Court; Regional people's courts; Provincial People's Courts; District People's Courts 3.2 SITUATION OF THE QUALITY OF PEOPLE'S COURT JUDGES IN LAO PEOPLE'S DEMOCRATIC REPUBLIC 3.2.1 Qualifications, professional capacity As of June 2016, the judicial branch of the People's Court of Lao PDR had 417 judges out of a total of 1,545 officials and employees of the People's Courts, including 88 high-ranking judges, accounting for 21.1%; 275 middle-ranking judges, accounting for 65.95%; and 54 primary judges, accounting for 12.95% Compared to 2015, the number of judges decreased by 4, of which 01 high-ranking judge was appointed to perform political tasks in Government; three judges including a middle-ranking judge and two primary judges were suspended and disciplined According to a report of the Supreme People's Court, 100% of the judges of the Supreme People's Court have bachelor degree in Chapter RESEARCH OVERVIEW 1.1 Foreign research work - Nguyen Phu Trong, Tran Xuan Sam (editors), "The scientific argument for improving the quality of cadres in the period of industrialization and modernization of the country", National Political Publishing House, Ha Noi, 2001; Luong Trong Yem, "Civil servants, civil servants", National Political Publishing House, Hanoi, 1997; Le Nhu Thanh, "Theoretical and Practical Basis of Obligations, Rights and Responsibilities of Vietnamese Civil Servants", Thesis, Hanoi, 2009; To Tu Ha, "Civil servants and issues of building up the current cadres and civil servants", National Political Publishing House, Hanoi, 1998 In this paper, the author presents and analyzes theories of cadres and civil servants Thang Van Phuc, Nguyen Minh Phuong (Editor), "Theoretical foundation and practice of building cadres and civil servants", National Political Publishing House, Hanoi, 2005; Luong Thanh Cuong, "Some Theoretical issues of Public Administration Law, Civil Servants," Political-Administrative Publishing House, Hanoi, 2011; Nguyen Trong Dieu, " Civil Service in Vietnam", National Political Publishing House, Hanoi, 2007; Nguyen Van Tai, "Promoting social activism of civil servants", National Political Publishing House, Hanoi, 2002; Thang Van Phuc, Nguyen Minh Phuong, "Building cadres and civil servants to meet the demands of the socialist rule-oflaw State of the people, by the people, for the people", 2004 - Vo Kim Son, "Renovation of thinking on training and fostering cadres and civil servants", Journal of State Management (2010); Nguyen Huy Kiem, "Improving the quality of cadres and civil servants of the Mekong Delta"; Bui Dinh Phong, "Ho Chi Minh ideology on cadres and cadre work", Labor Publishing House, Hanoi, 2002; Thang Van Phuc, Nguyen Minh Phuong, Nguyen Thu Huyen, "The civil service system and reform trends of some countries in the world", Publishing House National Politics, Hanoi, 2004 18 11 Hoang Thi Phi Nga, "Improving the quality of Vietnamese judges today", Thesis, Hanoi, 2011; Bui Thi Kim Chi, "Some Issues in Judge's Dignity model," Journal of Democracy and Law, 2005, No 03; Dang Thi Thanh Nga, "Basic Qualities of the Judge", Journal of Law, Hanoi, 2002, Issue 05; Pham Hong Thai, "Some Opinions on Training and Retraining of Administrative Judges", Journal of Legal Science, Hanoi, 2004, No 02; Nguyen Thi Hong Tuoi, "Thinking about what judges must do, judges are allowed to do, preferential policies for judges," Journal of Democracy and Law, 2002, No 05; Nguyen Phuong Thao, "Regulations on standard and selection of judges in some countries" 1.2 Domestic Research works - Phen Xa Van Cong Chan Di: "Improving the quality of the key leadership in the district level in Vientiane Province, Lao People's Democratic Republic in the Renovation Period," Thesis, Hanoi, 2000; Nylaxay Tayphakhanh: "Improving management capacity for district leaders in Cham Pa province in Lao People's Democratic Republic", Thesis, Ho Chi Minh City, 2010; Xaynha Xonophokham: "Enhancing the Capacity of Government Officials of Vientiane City, Lao People's Democratic Republic", Thesis, Hanoi, 2004; Thong Phut Sim Ma, "Some solutions to improve the quality of officials and civil servants," Journal of Party Building (NDCM Lao) No 136, 2013 - Say Ya Sut Sit Phan La Đet, "Strengthening the Working Style of Officials and Party Members to Meet the Requirements of Political Accountability in the New Age," Alunmai Journal, No 2, 2013; - Santyphap Thavongxay, "Improving the Quality of Officials and Civil Servants of the Vientiane People's Procuratorate to meet new tasks," Journal of National Social Science Research, Vientiane, 2013 No.16; - Det Am Nat Sit Thi Phon "Strengthening politics for party cadres in the Supreme People's Court is an objective necessity," Journal of Party Building No 141, 2013 (in Lao) 2.2.5 Organizational structure and staff The organizational structure of the People's Courts is the method of establishing, arranging, assigning and operating mechanisms of the system of people's courts and judges to perform the functions and duties of the people's courts in the exercise of state judicial power 2.3 SOME EXPERIENCE IN IMPROVING THE QUALITY OF JUDGES IN SOME COUNTRIES IN ASEAN REGIONS AND REFERENCES TO LAO PEOPLE'S DEMOCRATIC REPUBLIC 2.3.1 Experience in Vietnam Selecting how to appoint and setting criteria for appointing judges; Salaries and other remuneration policies for judges 2.3.2 Experience in Thailand Court organization model applied in Thailand consists of levels: the Supreme Court, the Court of Appeal and the Court of First Instance 2.3.3 Experience in Singapore In Singapore, the quality of judges is improved through a number of measures, first of all specifying the criteria for appointment of judges and rigorous selection of judges 2.3.4 Experience in Malaysia Criteria and legal procedures for appointing judges; Judge Employment and evaluation; Specifying the retirement age for judges 2.3.5 Reference values for the Lao People's Democratic Republic 2.3.5.1 Determining the criteria for appointing judges appropriately, scientifically and modernly 2.3.5.2 Increasing the independence of judges of the People's Courts in trial activities 2.3.5.3 Improving the efficiency of the examination and evaluation of the quality of judges 2.3.5.4 Ensuring salary and other remuneration policies for judges 12 17 performing the public duties and duties of people's court judges Results of judges' performance may be positive or negative, depending on the specific performance of the judges in practice 2.2 FACTORS AFFECTING THE QUALITY OF PEOPLE'S COURT JUDGES 2.2.1 Planning, selecting and employing judges The planning, selection and employment of the people's court judges is very important for the judicial sector to have constantly increasing qualified judges 2.2.2 Examination and evaluation of people's court judges Examination and evaluation of people's court judges is an important and necessary task, ensuring that they are always the true representatives, protecting justice, protecting the law, protecting the order, social safety, legitimate rights and interests of the State, organizations and citizens 2.2.3 Training and fostering judges of the people's courts Training and fostering is creating opportunities for people to learn, facilitating organizations to achieve their goals by increasing their capacity, increasing the value of the most important basic resources, that is staff, cadres and civil servants working in the organization Training and fostering affect people in the organization, enabling them to work better, allowing them to make better use of their abilities and potential, and to promote their full potential 2.2.4 Remuneration and preferential policy for judges of the People's Courts Remuneration and preferential policy for judges of the People's Courts in general and salary policies in particular are a socioeconomic issue of the country in the period of industrialization and modernization and international integration; the basic motivation, encouraging dedication, loyalty; hard and effective work of judges of the People's Courts; At the same time, it is the basis for improving the quality of the civil service, contributing to the rapid and sustainable development of the country 1.3 Research review and evaluation First, regarding the rationale of judges of the People's Courts; The topic has been mentioned by scientific works to some extent, however there has been no in-depth study to clarify the characteristics and role of judges in the performance of functions and duties of people's courts in Laos, Vietnam and some other countries under the the perspective of public management science so far Second, regarding the status quo of people's court judges Research shows that each study has made assessment on the quality of the people's courts judges who contribute to the effectiveness and efficiency of judicial activities the people's court system; affirming the objective indispensability in improving the quality of the contingent of cadres and civil servants of the people's court in general and enhancing the quality of the people's court judges in particular Third, regarding solutions to improve the quality of people's court judges The researches have not provided a synchronous and sustainable solutions to improve the quality of people's court judges in Laos In conclusion, it can be said that there has been no comprehensive and special research of the quality of people's court judges in Laos 1.4 The issues set forth by the thesis are further studied to resolve First, building the theories of quality of the people's court judges Second, the analysis and assessment of the status quo of the people's court judges Third, orienting and proposing solutions to improve the quality of the people's court judges 16 13 Chapter RATIONALEFOR THE QUALITY OF THE PEOPLE'S COURT JUDGES 2.1 CONCEPTS OF THE QUALITY OF THE PEOPLE'S COURT JUDGES 2.1.1 The People's Court Judge Under the provisions of the 2010 Ordinance on Judges of the People's Courts of the People's Democratic Republic of Lao, judges of the People's Courts shall be appointed in accordance with the provisions of law to adjudicate cases and settling other matters under the competence of the People's Courts 2.1.2 Quality of the people's court judges 2.1.2.1 Concept of quality Quality is a term used to describe the totality of attributes and qualities associated with the specific characteristics of a thing and to reflect value of things or the thing 2.1.2.2 Concept of quality of people's court judges The quality of the People's Court judges of is the totality of values, characteristics such as: physical, professional qualifications, professional capacity, political and ethical qualities which are defined to reflect the level of satisfaction of the requirements and tasks of people's courts judge according to the provisions of law 2.1.2.3 Characteristics of quality of of the people's court judges First, the quality of people's court judges is the totality of many different qualities Second, independence and adherence to the Constitution, the law is a characteristic of the quality of the people's court judges Third, the quality of people's court judges is closely linked to the ability to meet the requirements of public affairs Fourth, the quality of people's court judges is difficult to quantify accurately and objectively Fifth, the quality of the people's court judges is constantly changing 2.1.3 State management over the quality of the people's court judges Issuing documents, regulations, intensifying inspection and examination, selecting and appointing judges; Training and fostering judges; Timely honoring and rewarding; Strictly handling violations ASSESSMENT CRITERIA FOR THE QUALITY OF PEOPLE'S COURT JUDGES 2.1.3 Professional level, qualification, capacity Levels are understood to be degree, ability to understand thoroughly or little about specific objects Levels include: education, professional qualifications and political theoretical level 2.1.4 Performance skills Performance skill is the ability to perform well the tasks assigned under the provisions of the law regarding contents and competence to implement the given state objectives 2.1.5 Political and ethical qualities Political and ethical qualities are construed as the ability, the condition of the subject due to training or the inherently natural qualities to carry out an activity Political and ethical qualities are always associated with human beings and human activities; it is the actual level and ability of the people, the community of people in activity The results of individual or community activity in practice are the basis for assessing the quality of the individual or community 2.1.6 Physical Physical is a term used to refer to the quality of the human body, which is a relatively stable feature in terms of form and function of the body that is formed and developed by the innate inheritance and the impact of the living environment 2.1.7 Results of public performance The results of public performance of the People's Courts judges are changes, material or legal values created by the process of 14 15 ... contingent of staff in the people''s court 4.3.4 Renovating the training and fostering for the judges of the People''s Courts Training and retraining of judges is to provide professional training... assessing the quality of judges of the people''s courts and issues in improving the quality of judges in the judicial branch On the basis of concepts of judges of the people''s courts; quality of judges. .. Studying the theoretical basis on the quality of judges of the People''s Courts in general and in Laos in particular - Analyzing and evaluating the quality of judges of the People''s Courts of Lao