THÔNG TIN TÀI LIỆU
MINISTRY OF EDUCATION AND TRAINING MINISTRY OF HOME AFFAIR NATIONAL ACADEMY OF PUBLIC ADMINISTRATION NGUYEN HUU CHINH THE COORDINATION RELATIONSHIP BETWEEN EXECUTIVE AND JUDICIAL POWER IN THE CONTROL OF THE STATE POWER IN VIETNAM Major : Public Management Code: 34 04 03 STRACT OF PH.D THESIS IN PUBLIC MANAGEMENT HANOI, 2020 The work has been completed at: NATIONAL ACADEMY OF PUBLIC ADMINISTRATION Scientific Supervisors: Assoc Prof Dr Le Thi Huong Assoc Prof Nguyen Tat Vien Reviewer 1: ………………………………………… Reviewer 2: ………………………………………… Reviewer 3: ………………………………………… The thesis shall be presented in front of the Academy-level Thesis Assessment Council At: Room … Floor Building…… , National Academy of Public Administration, No.77 Nguyen Chi Thanh Street, Dong Da District, Ha Noi Time: day…… month …… year LIST OF AUTHOR’S PUBLLICATIONS Nguyen Huu Chinh, Strengthening the coordination relationship between the executive and judicial power in the control of the state power in Vietnam today, Journal of Democracy and Law, 9/ 2019 Nguyen Huu Chinh, The role of the coordination relationship between the executive and judicial power in the control of the state power, Journal of State Management, 9/2019 FOREWORDS The necessity of the topic State power has both positive and negative sides While the positive side of state power shows that it has the power to ensure the purpose-oriented activity of society, to solve social conflicts, to serve the interests of the community and of each individual, the negative side indicates that state power has a tendency to abuse the power That tendency is a manifestation of the state power’s deterioration in the process of movement and development That state power is deteriorated shall result in the harmful consequences suffered by People - the true owners of state power According to historian Lord Acton (1834-1902): "Power tends to lead to corruption, absolute power tends to corrupt absolutely" The State is the subject that holds the greatest power with the wide management of the abundant resources in the society This may lead to the risk that the State can go beyond the scope, limits assigned by the people and the abuse of power lies within the State but from outside influences Due to such a special nature of state power, from its birth to now, the control of state power has been posed with different modes and institutions Mankind, with its history full of blood and tears, has clearly understood that state power must be controlled, and furthermore, strictly controlled In the other words, state power must have its limit and must be limited, especially in democracy and jurisdiction, especially in democracy and socialist rule of law Control of state power is both fundamental and urgent issue in the course of construction of the socialist rule-of-law state of the People, by the People and for the People in Vietnam It is an objective component of the execution of state power - empowerment must go together with control of power so that power does not become absolute Organizing execution of state power consists of three stages: Empowerment - Use of rights - Control of rights To enable state power to always belong to the People, it, a matter of course, must be controlled by the People In Vietnam today, the control of state power is a new issue, so there are many limitations, in both theoretical and practical aspects Empowerment but it is controlled loosely, infrequently, formally, even not controlled has led to so many consequences as: Corruption and negativity are widespread in the State apparatus; Social order has many upsets; Justice, fairness, and democracy are not strictly enforced that gradually loses people's faith One of the reasons for this fact is the shortage of coordination among branches of power, including the coordination between executive power and judicial power in control of state power This issue requies to be studied in both theoretical and practical aspects based on scientific methodology from an innovative perspective However, there has not been any comprehensive and specialized research work to assess the coordination between executive power and judicial power in the control of state power at the level of Ph.D thesis on Public Management, so far Therefore, it can be said that this is the first scientific work that comprehensively studies the coordination relationship between executive power and judicial power in the control of state power on the basis of inheriting the author’s research results but developed in a new direction From the foresaid theoretical and practical requirements, the topic "Coordination relationship between Executive Powers and Judicial Power in the Control of State Power in Vietnam" is choosen by the author for the desire of researching, clarifying the issues which are being posed in order to contribute to strengthening the control of state power in Vietnam, to ensure that the state power belongs to the People The purpose and tasks of the research 2.1 The purpose of the research The purpose of the research topic is to build a scientific basis to propose solutions to strengthen the coordination relationship between executive power and judicial power in the control of state power in Vietnam today 2.2 The tasks of the research To implement the above-mentioned overall purpose, the thesis identifies the following tasks: - Researching the published scientific works related to the thesis in order to look for inherited values and gaps need be further researched - Forming a theoretical basis system of the coordination relationship between executive power and judicial power in the control of state power such as the concept, characteristics, role, content as well as the components and assurance factors etc… - Making summary history of the formation process of theoretical, legal thinking and the reality of legal provisions on the coordination relationship between executive power and judicial power in the control of state power in Vietnam today - Proposing viewpoints and solutions to improve the coordination relationship between executive power and judicial power in the control of state power in accordance with the characteristics of the Vietnamese political system, meeting the requirements of the country’s renovation The object and scope of the research 3.1 The object of the research Theoretical, legal and practical basis of the coordination relationship between executive power and judicial power in the control of state power in Vietnam 3.2 The scope of the research The coordination relationship between executive power and judicial power in the control of state power is a broad and complicated range Therefore, within the research topic, the following issues will be limited: - In respect of the content: Focusing on analyzing the relationship between the Government and the Supreme People's Court in the control of legislative power, executive power and judicial power in compliance with the provisions of the Constitution 2013 and the current legal documents - In respect of the space: Nationwide - In respect of the time: From the validity date of Constitution 2013 to the present Methodology and research methods The topic is researched on the theoretical basis of dialectical materialism and historical materialism, fundamental principles of MarxismLeninism and President Ho Chi Minh's thoughts; The viewpoints of the Party and the State on the coordination relationship between executive power and judicial power in the control of state power are reflected in the Resolutions of the Party and the legal documents of the State The topic is researched by dialectical and historical materialism and other specific methods such as methods of systemization, analysis, summarization, comparison, statistics, induction and deduction Other than the traditional methods, the topic also uses the multi-disciplinary and interdisciplinary approaches to clarify the issues studied in the topic Research hypotheses and research questionaires 5.1 Research hypotheses - State power in Vietnam has been in the risk of being abused due to the lack of strict control, no determination and good operation for the coordination relationship between executive and judicial power in the control of the state power - To strengthen the control of state power, it is essential to improve the legal basis and operation mechanism of the coordination relationship between executive and judicial powers in the controll of state power in the spirit of the rule of law state 5.2 Research questionaires - What is executive power? What is judicial power? What is the control of state power? What is the coordination relationship between executive and judicial power in the control of state power? - By which factors is the coordination relationship between executive and judicial power in the control of state power constituted and influenced? - What is the current status of coordination relationship between executive and judicial power in the control of state power in Vietnam today? What are the advantages and shortcomings? What is the cause of those shortcomings? - On what viewpoint should it based to strengthen the coordination relationship between executive and judicial power in the control of state power? Are there any solutions to strengthen this relationship in the control of state power in Vietnam today? New scientific contributions of the thesis Firstly, on the basis of researching and inheriting the available documents of Vietnam and of other countries in the world, the thesis introduces the concept, analyzes the characteristics, roles and contents of the coordination relationship between executive and judicial power in the control of state power; Analyze the elements constituting the coordination relationship between judicial and judicial powers in the control of state power in Vietnam, comprising: institutions, mechanisms and guarantees Secondly, based on the assessment of the current status of coordination relationship between executive and judicial power in the control of state power in Vietnam over the past time, the thesis proposes viewpoints and solutions to strengthen coordination relationship between the executive and judicial power in the control of state power in Vietnam in the coming time Theoretical and practical meanings of the thesis In respect of the theory, the research results of the thesis contribute to enriching the arguments about the coordination relationship between executive and judicial power in the control of the state power Particularly: The thesis has contributed to clarify some theoretical issues about the assignment, coordination and control of the state power; evaluate the actual status and propose solutions to strengthen the coordination relationship between executive and judicial power in the control of the state power in Vietnam In respect of the practice, the thesis can be used as a useful materials for reference in researching, teaching and learning at the training institutions of administrative and legal sciences At the same time, it can also serve as a reference for the competent authorities in the process of making policies and laws, contributing to realize the provisions of the Constitution 2013 on assignment, coordination and control of the state power in Vietnam today Conclusion of the thesis Other than the foreword, conclusion and list of materials for reference, the content of the thesis consists of chapters and 12 periods Chapter OVERVIEW OF THE RESEARCH SITUATION RELATED TO THE THESIS’S TOPIC In this chapter, the thesis has reviewed the research works related to the topic in two groups: 1.1 Research works on state power and control of the state power 1.2 The research works on executive power, judicial power and the relationship between executive and judicial power in the control of the state power Based on the scientific research of the domestic and overseas works related to the topic, the thesis: 1.3 Made a general assessment of research situation related to the thesis’s topic 1.3.1 The issued have been studied and solved Firstly, the root of state power has been explained to originate from the People The state power is the public power, empowered to the State by the People to govern society Secondly, to avoid abusing power, the state power must be decentralized or assigned to different state agencies for implementation Thirdly, in the relationship between the agencies executing the legislative, executive and judicial powers, it must be acknowledged the absolute independence of the justice Fourthly, in order to optimized the state power, it is necessary to propose the strict control mechanisms from many aspects, especially to promote the relationship between the executive agency and the judicial agency, particularly the relationship between the Government and the Supreme People's Court 1.3.2 The thesis’s issues need to be further solved Firstly, supplement and clarify the theoretical issues on the coordination relationship between executive power and judicial power in the control of the state power Secondly, clarify the particular characteristics of the coordination relationship between executive and judicial power in the control of the state power in the Socialist Republic of Vietnam and in the principle of state power unified, decentralized, coordinated and controlled among agencies executing the power of the state apparatus Thirdly, analyze and assess the actual situation of the coordination relationship between executive and judicial power in the control of the state power in Vietnam in two aspects: legal regulations, implementation organization and search for the solutions for strengthening the coordination relationship between the executive and judicial powers in the control of the state power Conclusion of Chapter Research activities aiming at searching for solutions to strengthen the coordination relationship between executive and judicial power in controlling the state power have been particularly active in our country in recent years It is difficult to list the number of research works related to this topic Products of research activities are published in various forms of publications The research results have deciphered many theoretical and practical aspects in relation with the thesis’s topic These are necessary materials and also favorable premise for implementation of the thesis research However, through the review of the research situation, it is also shown that many issues of the thesis’s topic have not been properly solved or have not been posed in published research works Chapter2 THEORETICAL ISSUES OF THE COORDINATION RELATIONSHIP BETWEEN EXECUTIVE AND JUDICIAL POWER IN THE CONTROL OF THE STATE POWER 2.1 Awareness of executive and judicial power in the control of the state power 2.1.1 State power and control of state power 2.1.1.1 State power State power is a part of the political power, is the power of the people, empowered to the State by the people acknowledged in the Constitution and used to perform the functions and duties of the State, to ensure the rights and interests of every citizen and the whole society 2.1.1.2 Control of the state power Control of the state power is all activities implemented by competent entities (the Party, the State, socio-political organizations and individuals) on the basis of legal provisions in order to ensure that the state power is organized and operated effectively and efficiently 2.1.2 Executive power in the control of the state power 2.1.2.1 Concept of the executive power Executive power is one of the three parts constituting the state power, executed by the Government with the basic contents including: propose or promulgate by itself the policies according to its competence and implement management of the public administration within the national territory 2.1.2.2 The subject exercising the executive power - For countries with a tough decentralization model, the executive power invested to the Head of State (President) The content of coordination between executive and judicial power in the control of the legislative power majorly focuses on building and promulgating the legal normative documents By building and contributing comments on law draft, the executive and the judicial agencies will be able to have better control over issues related to their organization and activities 2.2.3.2 Coordination for control of the executive power The coordination of executive and judicial power in the control of the executive power focuses on the followings: - Control of power in the organization and operation of the state administrative system These are the issues of establishment, merger, cancellation and establishment of functions, tasks, relationships of state administrative agencies, regulations on working policies, operating rules, etc - Control of power in building, promulgating and organizing implementation of administrative decisions (including two types: legal normative decisions and specific decisions) and administrative acts taken to exercise the executive power 2.2.3.3 Coordination for control of the judicial power The combination of executive and judicial power in the control of judicial power is directed to the contents: - Control over the organization and operation of judicial power - Control over the behavior of judges and judicial titles - Control over the Court's ruling 2.2.4 Principle of coordination relationship between executive and judicial power in the control of the state power 2.2.4.1 Ensure the position and leadership role of the Communist Party of Vietnam The Party's leadership in the relationship between the executive and judicial power in the control of the state power is expressed in two aspects: i) The Party recognizes the principle of assignment and coordination of control in organization and exercise of the state power, thereby facilitating the concretization in the Constitution and related Acts and ii) Through the Party members’ actions currently working in the state apparatus to implement this principles 2.2.4.2 Ensure that the state power belongs to the People 10 The principle of People's sovereignty confirms that the legality (legitimacy) of the State must be established and upheld basing on the People's will or consent In other words, the People's sovereignty requires state power to be and should be absolutely respected 2.2.4.3 Ensure the unity of state power Whether state power is divided (bourgeois countries) or assigned (socialist countries), they themselves imply the unity The state power is the unity because the state power always belongs to a certain class or class coalition In principle, the state power must always be concentrated - that is the unity of the state power 2.2.5 The role of the coordination relationship between executive and judicial power in the control of the state power Firstly, the coordination relationship between the executive and the judicial power in the control of the state power is an effective mode to ensure that the People are the true owners of state power as prescribed by the Constitution 2013 Secondly, the coordination relationship between the executive and judicial power in the control of the state power is a method that contributes to enhance the rule of law of the State Thirdly, the coordination relationship between the executive and the judicial power in the control of the state power plays a role as a means of promoting socialist democracy, the People's sovereignty, establishing a equality relationship between the state and citizens, organizations and individuals before the law in the rule of law state Fourthly, the coordination relationship between the executive and the judicial power in the control of the state power will constitute a synergetic strength to ensure the state power is controlled strictly, effectively, comprehensively 2.3 Factors constituting the combination relationship between executive and judicial power in the control of the state power 2.3.1 The institution of combination relationship between executive and judicial power in the control of the state power The institution of the coordination relationship between the executive and the judicial power in the control of the state power is understood as a system of legal provisions stipulating principles, objectives, scope, content, 11 form, order, procedures as well as conditions to ensure implementation of the relationship between the Government and the Supreme People's Court in the control of the state power 2.3.2 The mechanism of the coordination relationship between executive and judicial power in the control of the state power The institution of the coordination relationship between executive and judicial power in the control of the state power is the system of authorities, organizations and individuals involved in the process of implementing the coordination relationship between the executive and judicial power in the control of the state power, organized and operating on the basis of law, contributing to ensuring realization of this relationship in practice Institutional system directly implementing the coordination relationship between executive and judicial power in the control of the state power in our country includes: Government and People's Court 2.3.3 Guarantees of exercising a combination relationship between executive and judicial power in the control of the state power Guarantees for exercising a coordination relationship between the executive and judicial powers in the control of state power are both an integral part of the coordination relationship between the executive and judicial powers in the control of the state power and as an "external" element of institutions and mechanism, existing as a "compulsory" condition for effective operation of institutions in the coordination relationship between executive and judicial power in the control of the state power, comprising: Political guarantees; Economic guarantees; Legal guarantee; Guarantee on organizational structure and human resources Conclusion of Chapter The need for a state is indeed of the People, by the People, for the People as well as the demand for controlling the state power requires us to keep on exercising the mechanism of assignment and coordination of state power more thoroughly in organization of the state apparatus An important requirement that must be strictly complied is that the assignment must be clear and the coordination must be tight so that the state power will be effectively executed in practice For doing so, the executive and judicial agencies should abide by the principle of assignment and coordination of state power based on the nature and content of each power instead of basing on the nature and importance of work Particularly, the work on which power are based must 12 necessarily be executed by the empowered agency; other agencies only have a coordination role It is unreasonable to rely on the nature and importance of the work for decentralization, because this forces the subjects to try to perform work beyond their expertise It is known that every unprofessional effort may rarely be as effective as professional ones To enable coordination relationship between the executive and judicial power in the control of the state power to promote its role, all the constituents (institutions, mechanisms as well as guarantees) must be concurrently strengthened and promoted its practical use Chapter THE CURRENT STATUS OF COORDINATION RELATIONSHIP BETWEEN EXECUTIVE AND JUDICIAL POWER IN THE CONTROL OF THE STATE POWER IN VIETNAM 3.1 The development process of thinking, awareness of state power and the coordination relationship between executive and judicial power in the control of the state power 3.1.1 The Communist Party's viewpoints of state power organization and the coordination relationship between executive and judicial power in the control of the state power From the 6th National Congress of the Communist Party of Vietnam (December 1986), it was determined that: "The Vietnamese State unified the three legislative, executive and judicial powers with a clear decentralization among three powers." The Resolution of the 8th Conference of the Central Committee of the Communist Party of Vietnam (the 7th Session) dated January 23, 1995 on continuing to build and perfect the State of the Socialist Republic of Vietnam, with a focus on one-step reforms of the administration has set out five fundamental viewpoints that need be thoroughly grasped in the process of building and consolidating the state apparatus, including: "The state power is unified, clearly assigned and tightly coordinated between state agencies to exercise legislative, executive and judicial powers " The foresaid viewpoint of the Party continues to be thoroughly grasped and affirmed in the Resolution of the 8th National Congress (1996), the Resolution of the 9th National Congress (2001) and the Resolution of the 10th National Congress (2006), in which focusing on "Building the operational 13 mechanism of the Socialist rule of law State, ensuring the principle that all state power belongs to the people; State power is unified, clearly assigned and tightly coordinated among agencies in implementation of legislative, executive and judicial powers Improving the legal system, increasing the specificity and feasibility of the provisions in the legal documents Building an inspection and supervision mechanism of the constitutionality and legality in the activities and decisions of public agencies” The 11th National Congress of the Party continues to affirm that the state power is unified, clearly assigned and tightly coordinated among agencies in the implementation of legislative, executive and judicial power; at the same time, adding control requirements among agencies in implementation of the state power The 12th National Congress of the Party emphasized the requirement to continue building and perfecting the Socialist rule-of-law state on the basis of "Synchronously implementing the legislative, executive, judicial tasks Clearly define the assignment and coordination mechanism in exercising the state power, especially the mechanism for power control power among state agencies in exercising the legislative, executive and judicial powers on the basis of the united state power; specify the rights and responsibilities of each power” This is a great advance in the awareness of the state power organization and the necessity for assignment, coordination and control of the state power 3.1.2 Legal institutions on state power organization and coordination relationship between executive and judicial power in the control of the state power before the Constitution 2013 3.1.2.1 According to the Constitution 1946 The Constitution 1946 properly and appropriately represented the relationship of assignment, coordination, and control of the state power between the people and the state (although the Constitution didn’t refer to the word "control") The spirit and content of the Constitution 1946 were expressed through many decrees and acts of the President Ho Chi Minh at that time 3.1.2.2 According to the Constitution 1959 The Constitution 1959 further affirmed and clarified the viewpoint that the root of state power originating from people's power The Constitution 1959 prescribed relatively paricularly the provisions on the assignment and coordination of state power among state agencies The Constitution 14 established the supervision mechanism of the state competent agencies over other agencies of the State 3.1.2.3 According to the Constitution 1980 Basically, the Constitution 1980 inherited the viewpoint of the people's power and state power from the Constitution 1959; however, in comparison with the Constitution 1946, the mechanism of assignment, coordination and control of the state power in the Constitution 1980 was not expressed clearly 3.1.2.4 According to the Constitution 1992 (Amended and supplemented in 2001) The Constitution 1992 (amended and supplemented in 2001) asserted the principle of assignment and coordination among state agencies in exercising the legislative, executive and judicial power It was considered an important advance in organization of the state power 3.1.3 General comment Four foresaid Constitutions contain the provisions on the relationship between executive and judicial power in the control of the state power through provisions on the relationship between the Government, the People's Council and the Court These provisions in four Constitutions have both similarities and certain differences, which is proved by considering the particular provisions in term of these issues of each Constitution 3.2 The coordination relationship between executive and judicial power in the control of the state power under the applied law 3.2.1 The institution on coordination relationship between executive and judicial power in the control of the state power 3.2.1.1 Provisions on the relationship between executive and judicial power in the control of the state power according to the Constitution 2013 The Constitution 2013 clearly defined the decentralization for three legislative, executive and judicial branches In particular, the National Assembly exercises the constitutional and legislative powers; The Government exercises the executive powers and the People's Court exercises the judicial rights This groundbreaking provision of the Constitution 2013 posed many requirements for controlling the state power in practice According to the Constitution, in spite of the assignment of three powers, they are not completely separated but bound together, they must be coordinated 15 with each other on the basis of fully and properly doing the tasks and rights entrusted by the people as prescribed by law 3.2.1.2 The content of coordination between executive and judicial power is under the applied provisions According to the Constitution 2013, there is no direct coordination between the Government and the Court to execute the powers, but only the work coordination in accordance with the Joint-Resolution No 15/NQLT/ CP-TANDTC-VKSNDTC dated 31st March, 2010, promulgating the Regulation on work coordination between the Government and Supreme People's Court, Supreme People's Procuracy clearly defined the principle on coordination between these agencies It must be based on the functions, duties and powers of each agency as prescribed by law; it is essential to facilitate to support implementation of tasks proactively, regularly, tightly and timely Information security must be ensured in accordance with the current provisions However, it can also be understood that this is an indirect power coordination between executive and judicial power 3.2.2 The actual status of implementing the coordination relationship between executive and judicial power in the control of the state power 3.2.2.1 Coordination in the control of the legislative power The coordination between executive and judicial power in controlling the legislative power includes: Firstly, control the scope of the legislative power to ensure that legislative agency only does what is prescribed by the Constitution and the law Secondly, the control the provisions on issues and fields that must be governed by laws to ensure that the National Assembly, the National Assembly's agencies and the State agencies are not arbitrarily violated Thirdly, control the constitutionality of the process and procedure for implementing the legislative power Fourthly, control the constitutionality of the legal documents passed by the National Assembly Fifthly, control the promulgation of the ordinance of the Standing Committee of the National Assembly .3.2.2.2 Coordination in the control of executive power 16 The coordination between the executive and judicial power in the control of the executive power focuses on the following contents: Firstly, control over the scope of executive power Secondly, control over the organizational structure of the executive agency Thirdly, control over the national policy-making activities of the executive agency Fourthly, control over the operating activities of national policies Fifthly, control over the human resources to exercise the executive power 3.2.2.3 Coordination in the control of the judicial power The coordination between the executive and judicial power in the control of the judicial power is directed to the following contents: - Control over the organization and operation of the Courts - Control over judgement activities of the People's Court - Control over the proposal, initiation and appraisal of national policies in the field of justice - Control over the organization of the State administrative apparatus and the regimes of public service and civil servant of the Court 3.3 Commenting on the coordination relationship between the executive and judicial powers in the control of the state power in Vietnam today 3.3.1 Advantages - The Constitution 2013 marked an important turning point in stipulating by the constitution of the state power control mechanism, reflected by supplementation of regulations on cross "control" (other than the assignment and coordination) between the executing agencies of the legislative power, the executive power and the judicial power - The Constitution 2013 also prescribed a mechanism of power control power among agencies in the state apparatus - Since theConstitution 2013 was promulgated so far, the National Assembly has passed many new laws and their amendments and supplements to consolidate and complete the mechanism of assignment, coordination and control of power between state agencies in exercising legislative, executive and judicial power 17 - The coordination between power branches in Vietnam is carried out quite smoothly and clearly - The coordination relationship between the executive and the judicial agency plays a very important role, contributing to holding fast the order, discipline and law of the State 3.3.2 Shortcomings Firstly, the coordination between executive and judicial power in the control of the legislative powr is not really effective Secondly, the coordination between executive and judicial power in the control of the executive power remains limited Thirdly, the coordination relationship between executive power and judicial power in the control of the judicial power is also inadequate 3.3.3 The cause of the shortcomings Firstly, the theoretical awareness of the mechanism of assignment, coordination and control of the state power, including control of the exercise of the legislative power has not been paid adequate attention Secondly, the cause of national renovation has been carried out for more than 30 years but organization and control of state power in Vietnam are still affected by the Soviet model, resulting in the slow innovation for mechanism design Thirdly, there are still some shortcomings although the legal system has been developed and promulgated Fourthly, the assurance conditions for the coordination between the executive and the judicial power in the control of the state power are not really guaranteed, the relationship between the executive agency and the judicial agency are not yet tight Fifthly, no model of the mechanism of assignment, coordination and control of the state power in the socialist rule of law state is established to serve for study and research Sixthly, the renovation process of the country is not long so far, so many old and inappropriate regulations and models have not been changed yet; There has no model of the mechanism for assignment, coordination and control of the state power in the socialist rule-of-law state for study and research, which has made the coordination relationship between executive and 18 judicial power in the control of the state power not to obtain the effectiveness and efficiency as expected Conclusion of Chapter The Constitution 2013 and the legal documents which have been promulgated after the Constitution took effect created a legal framework and established more clearly the coordination relationship between state agencies in the exercise and control of the state power, including the coordination between executive and legislative power After more than 30 years of renovation, Vietnam has made many positive and sound decisions, thereby having achieved many important changes in awareness and implementation of the mechanism of assignment, coordination and control among state agencies in the exercise of the legislative, executive and judicial powers However, it should be frankly regconized that we are still confused, even embarrassed due to the old thinking framework, which results in implementing this mechanism unsatisfactory such as coordination between the Government and the People's Court in the control of the state power Besides, there has no a real breakthrough in awareness as well as in practical action; prejudice, avoidance, fear of mistakes when receiving new things or implementing the mechanism of assignment, coordination and control of the state power, especially the control between the Government and the People's Court over the legislative activities of the National Assembly still remain Those are inadequacies that need be further improved in the future in both theoretical and practical terms Chapter STRENGTHEN THE COORDINATION RELATIONSHIP BETWEEN THE EXECUTIVE AND JUDICIAL POWER IN THE CONTROL OF THE STATE POWER IN VIETNAM TODAY 4.1 The demand for improving the coordination relationship between the executive and judicial powers in the control of the state power in Vietnam 4.1.1 Originating from the demand of building a socialist rule of law State, of the People, by the People, for the People It can be said that the need for a socialist rule-of-law state, with the real state power belonging to the People, requires more scientific changes in assignment and coordination of the state power, including the coordination of executive and judicial powers to ensure more effective control of the state power 19 4.1.2 Originating from the demand of building a tectonic and developed state Control of the state power, limitation of the state power within the people's authorization is not to weaken the state power and to diminish the role of the state, but make the state stronger and clearer to be able to assume state power instead 4.1.3 Originating from the demand of promoting democracy, building a public and transparent environment Strengthening the coordination relationship between executive and judicial power in the control of the state power must be implemented together with building a democratic, public and transparent environment 4.1.4 Originating from the demand of controlling the state power In order to ensure that the state power is executed effectively, control of the state power is inevitable This control is assessed from two aspects, one is the people's control over the state agency for the authorization contents and the other is the cross-control among state agencies to ensure no one can abuse or exceed the power limits authorized by the People 4.2 The viewpoint of strengthening the coordination relationship between the executive and judicial powers in the control of the state power in Vietnam 4.2.1 Strengthening the coordination relationship between executive and judicial power in the control of state power must be put under the leadership of the Communist Party of Vietnam The coordination relationship of executive and judicial power in the control of the state power must be put under the leadership of the Communist Party of Vietnam This is a specific principle in the Vietnamese political regime, demonstrating the class and people's character of state power, reflecting the socialist nature of the state power 4.2.2 Strengthening the coordination relationship between the executive and judicial power in the control of the state power is to enable the state to all the tasks and powers entrusted by the people rightly and fully The state power is of the people, the people empower and authorize the state, on people’s behalf, to exercise the legislative, executive and the judicial powers The state power governed by the State always “tends to deny itself and to become opposite to itself at the beginning” in the process of movement 20 4.2.3 Strengthening the coordination relationship between the executive and judicial powers in the control of the state power to assure the legitimacy of the state Control of the state power, limitation of the state power within the scope entrusted by the people is not to weaken the state power and to diminish the role of the state, but make the state stronger and clearer to be able to assume the power assigned by the people 4.2.4 Strengthening the coordination relationship between the executive and judicial powers in the control of the state power must be in conformity to the international integration requirements Strengthening the coordination relationship between executive and judicial power in the control of the state power so as to meet the requirements of international integration is to establish the common standards of human rights, civic rights on civil and politics It is both a device, content and a way to serve the international integration of the country 4.3 Solutions for strengthening the coordination relationship between executive and judicial power in the control of the state power in Vietnam 4.3.1 Enhancing the awareness of organization and control of the state power Awareness always plays an important role as a prerequisite and crucial condition for successfully implementing the organization and control of the state power in practice Therefore, strengthening the coordination relationship between executive and judicial power in the control of the state power as well as the group of solutions on awareness is concerned first 4.3.2 Improving the institutions on the coordination relationship between executive and judicial power in the control of state power 4.3.2.1 For the legislative power Regulations related to the coordination of executive and judicial power in controlling QLP cannot separate the regulations on functions and duties of the National Assembly Therefore, the institutional improvement of the coordination of executive and judicial power in controlling QLP also starts from considering the role and functions of this agency 4.3.2.2 For the executive power 21 It is essential to improve the legal institution on the control of the executive power in the direction of redefining the position and role of the Government in organization of the state apparatus, redefining the competence of the Government 4.3.2.3 For the judicial power Judicial power are always associated with the Court’s activities, so improvement of the institution on coordination in the exercise of judicial power should be based on the Court-centered principle to determine the competence scope of other state agencies in coordinating implementation of works with the Court 4.3.3 Improving the mechanisms on the coordination relationship between executive and judicial power in the control of state power 4.3.3.1 Improving the mechanisms under the Party’s leadership Based on the provisions of the Constitution 2013, studying the institutionalization of the leadership of the Communist Party of Vietnam, clearly determining the governing position, the leading role, content and mode of the Party over the State, including institutions of the Party's inspection and supervision for the state agencies 4.3.3.2 Improving the mechanism for exercising the executive power Firstly, enhance the Government's capacity in making the policy Secondly, enhance the Government's capacity in operating policies 4.3.3.3 Improving the mechanism for exercising the judicial power Firstly, strengthen the accountability of the Judges and the Court Secondly, make information of the Court's activities public and transparent 4.3.4 Strengthen the guarantees for realizing the coordination relationship between the executive and judicial powers in the control of the state power - In term of politics It must be ensured that state power belonging to the People is a prerequisite factor for determination of the rightness and soundness of the coordination relationship between executive and judicial power in the control of the state power It requires the principle of people's sovereignty to become the red thread throughout the practical process of organization and exercise of 22 the state power in our country today - In term of economics The efficiency of the coordination relationship between executive and judicial power in the control of the state power relies on many factors including economic factors - In term of law Improving the coordination relationship between executive and judicial power in the control of the state power should be placed in relationship with other political and legal institutions - In term of democratic and the rule of law environment Improving the coordination relationship between the executive and judicial power in the control of the state power should appreciate and attach importance to building a democratic and rule of law environment The democratic and the rule of law environment are the essential elements for organization, establishment and operation of the coordination relationship between executive and judicial power in effective control of the state power Conclusion of Chapter To strengthen the coordination relationship between the executive and judicial power in the control of the state power, it is necessary to master the viewpoints and resolutions of the Communist Party of Vietnam, the spirit and content of the Constitution 2013 and legal documents in relation to assignment, coordination and control of the state power It must be comprehensively institutionalized by law and impementation under law are guaranteed Based on the analysis of the demand for enhancing the coordination relationship between executive and judicial power in the control of the state power, the thesis has proposed viewpoints and solutions to improve the coordination relationship between the executive and judicial powers in the control of the state power in Vietnam today by perfecting the political, legal institutions, mechanism and guarantee conditions so that the coordination relationship between executive and the judicial power in the control of the state power is completed and operated effectively GENERAL CONCLUSION Originating from the people, state power is empowered to various agencies to exercise the functions of the state This empowerment results in the power corruption, instead of serving the people, it becomes an instrument 23 to rule over the people The democratic state means that the state uses appropriate measures to minimize the power corruption, thereby expanding democracy to the society One of the effective ways to reach the foresaid goal is to assign the state power to different agencies to create a mechanism of cross control and limit the abuse of power from the state agencies State power is constituted from three parts: legislative, executive and judicial power In particular, legislative power represents the people – promulgating laws based on people’s will whether it should be empowered to the National Assembly or Parliament; the executive power is assigned to the Government because it is closely related to the promulgation and implementation of national policies; judicial power consists of the power of trial and others directly related to trial activities such as interpretation of law and supervision of promulgation of law entrusted to the Court to ensure justice and the common benefits of nation Organization of the state apparatus in Vietnam at present follows the Socialist power-concentration model Therefore, although the Constitution 2013 recognizes the principle of assignment, coordination and control in organization and exercise of the state power; however, this assignment is only limited to the technical nature, which means the labor assignment among state agencies but it has not yet reached the level of political assignment; therefore, it has not formed an effective control mechanism of power Accordingly, close coordination is urgently required among state agencies in implementation of legislative, executive and judicial power, in particular, the coordination between executive and judicial powers shall make more effective contribution to the control of state power In order to strengthen the coordination relationship between the executive and judicial powers in the control of state power in Vietnam, a number of solutions need be focused such as raising the awareness of state power control and coordination relationship between executive and judicial power in control of the state power; Keep on improving the institutions of coordination relationship between executive and judicial power in the control of the state power; Perfecting mechanism for the coordination between executive and judicial powers in the control of the state power and enhancing the guarantees for realizing the coordination relationship between executive and judicial powers in the control of the state power, meeting the renovation requirements of the country 24 ... the Central Committee of the Communist Party of Vietnam (the 7th Session) dated January 23, 1995 on continuing to build and perfect the State of the Socialist Republic of Vietnam, with a focus... in Vietnam" is choosen by the author for the desire of researching, clarifying the issues which are being posed in order to contribute to strengthening the control of state power in Vietnam, to... control of state power in Vietnam today? New scientific contributions of the thesis Firstly, on the basis of researching and inheriting the available documents of Vietnam and of other countries
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