Công lý và sự thể hiện công lý trong hiến pháp việt nam tt

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN XUAN TUNG JUSTICE AND EXPRESSION OF JUSTICE IN CONSTITUTIONS OF VIETNAM Field of study: Constitutional and Administrative Law Code: 38 01 02 SUMMARY OF DOCTORAL THESIS IN LAW Hanoi - 2020 The Thesis is completed at: Graduate Academy of Social Sciences Vietnam Academy of Social Sciences Scientific supervisor: Prof.PhD Vo Khanh Vinh Reviewer 1: Assoc Prof.PhD Dinh Xuan Thao Reviewer 2: PhD Chu Van Thanh Reviewer 3: Prof.PhD Nguyen Minh Doan The thesis will be defended at Thesis Assessment Council at Graduate Academy of Social Sciences At , date month year The thesis can be found at: National Library Library Academy of Social Sciences PREAMBLE Urgency of the research topic After Doi Moi Policy, all important political - legal documents of the Party such as Documents of 10th, 11th and 12th Session National Congress, Resolution No 08-NQ/TW, 49-NQ/TW confirms values of justice Institutionalizing the above-mentioned guideline, Constitution 2013 of Vietnam identifies the Justice for the first time and affirms tasks of protecting the justice of the State and entire society However, the expression of Justice through institutions of the Constitution has not been identified and analyzed so that effectiveness and efficiency of promoting Justice values is limited Justice protection activities still have shortcomings and weaknesses There are many reasons, of which, Justice theory has not been fully studied; Awareness of competent agencies and community on Justice is still inconsistent; Comprehensive research and implementation of aspects of Justice have not been done timely; The role of Courts as authority in charge of Justice protection identified by the Constitution 2013 has not been specifically studied For the above reasons, it is very urgent to study the topic "Justice and expression of Justice in the Constitutions of Vietnam" Purposes and tasks - Purposes: Clarifying theoretical and practical basis of Justice and the expression of Justice in the constitutions; analyzing problems and finding the causes Proposing to complete a number of institutions of the current Constitution and proposing solutions to Justice protection - Tasks: Analyzing the theoretical issues of Justice; aspects of its expression in the constitutions; the reality of Justice expression in the basic institutions of the constitution; constitutional experience of a number of countries; status of Justice protection activities of the courts; proposing to complete a number of institutions of the constituion as well as major solutions to promote and protect the values of Justice in Vietnam Scope and subject - Scope: Studying theoretical issues about Justice, the expression of Justice in the constitutions and the practice of Justice protection activities - Subject: The ideas and theories about Justice; a number of Constitutions in the world, Constitutions of Vietnam, especially the Constitution 2013 and the practice of Justice protection in Vietnam New scientific findings of the thesis Defining and analyzing the nature of Justice; Analyze the role of the constitution and the fundamental aspects of Justice expression in the Constitution; explaining selection of the Courts as the basic institution responsible for Justice protection; Clarifying Justice values through basic institutions of the Constitutions; Evaluating the practice of Justice protection and proposing a system of major groups of solutions to promote and protect the Justice Theoretical and practical significance of the thesis The study of theoretical and practical issues about Justice in Vietnam actively contribute to the protection of human rights, civil rights and contributing to completing the theory of Justice, serving research and teaching activities and are reference source in the process of completing the current Constitution and the laws Structure of the thesis Chapter Overview of research, theoretical bases and research methods Chapter Theoretical issues of justice and the expression of justice in the constitutions Chapter Reality of justice expression in the Constitutions and the practice of justice protection in Vietnam Chapter Viewpoints and solutions to justice promotion and protection in Vietnam today CHAPTER OVERVIEW OF RESEARCH, THEORETICAL BASES AND RESEARCH METHODS 1.1 Research at home and abroad The research group on the role of Justice includes Social Contract by Jean-Jacques Rousseau, World Publishing House (2014); Justice by Josef Pieper, Pantheon Books Publishing House (1955); The Politics by Aristotle, World Publishing House (2013); Representative Government by John Stuart Mill, Knowledge Publishing House (2008); On government by Marcus Tullius Cicero, Hong Duc Publishing House (2017); The Philosophy of Positive Law by James Bernard Murphy, Yale University Publishing House (2005), Theory of Justice by John Rawls, The Belknap Press Publishing House (1977); Justice: What's the Right Thing to Do? by Michale J Sandel, Youth Publishing House (2011); Justice As Fittingness by Geoffrey Cupit, Clarendon Press Publishing House (1996) The group of studies on the roles of the Constitution in expressing and promoting Justice values, including Introduction to the study of the Constitution by Albert Venn Dicey's, Mac Milan and Co Publishing House (1885), article How does the constitution establish justice? by Abram Chayes, Harvard Law Review, Vol.101: 1026 (1988), Theoretical and practical issues on amendment and supplement of Constitution 1992 by Prof.PhD Vo Khanh Vinh, Social Science Publishing House (2013), Theoretical and practical issues on formulation and promulgation of the constitutions by Prof PhD Tran Ngoc Duong, MSc Bui Ngoc Son, National Political Publishing House (2013) The group of studies on the roles of the courts and the practice of Justice protection, including Democracy In America by Alexis de Tocqueville, Knowledge Publishing House (2006), and Justice in Crisis by Adrian A.S Zuckerman, Oxford Publishing House (1999); Jutice in the twenty-first century by Hon Russell Fox AC QC, Cavendish Publishing House (2000), On the Adversary system and Justice, Bronaugh Publishing House (1978), Martin P Golding, “Courts in Vietnam in the context of Rule of Law State” by Nguyen Dang Dung, National University Publishing House (2012), Access to Justice and Principles of Rule of Law State, Vu Cong Giao, VNU Science Journal, Law Sciences 25 (2009) 1.2 Evaluation of the research work 1.2.1 Achievements Initially there is consistency in the roles; essential elements, basic characteristics and forms of existence of Justice; partly analyzing the expression of Justice in the Constitutions, especially the role of the courts in Justice protection and at the same proposing a number of solutions to promote and protect Justice 1.2.2 Further research The research work has not clarified the general and specific nature of the concept of Justice; has not fully and thoroughly assessed the role of Justice in revolutionary policies; aspects of Justice expression in basic institutions of the constitutions, especially the Constitution 2013, have not been fully studied; not clarifying the role of People's Courts as the branch of power to perform the task of Justice protection; not fully analyzing the status of Justice protection through judicial activities; solutions to Justice promotion and protection have not yet been completed 1.3 Theoretical basis and research method 1.3.1 Theoretical basis How are the concept, components, characteristics and forms of Justice clarified? The role of the constitution and the Justice expression in the institutions of the constitution? Current situation of Justice expression in some basic institutions of the constitution and practices of Justice protection through the courts’ activities in Vietnam? What are directions and solutions to complete the constitutional institutions in the Justice expression? Hypotheses in the research work: Justice is an essential value in society; The reality of Justice expression and promotion the Justice values of the constitution of Vietnam still has a number of weaknesses; It is necessary to continue to improve the Constitution to promote and protect Justice Aristoste's Theory of Justice is used for the research Methodology and Research Methods Dialectical materialism and historical materialism and some research methods such as systematic method, analysis and synthesis methods, etc CHAPTER THEORETICAL ISSUES OF JUSTICE AND THE EXPRESSION OF JUSTICE IN THE CONSTITUTIONS 2.1 Definition “Justice is a social value that helps members in a community cooperate and develop and is a moral basis for the State to organize, manage the society and the courts to resolve conflicts, disputes, create stability and social order” 2.2 Socio-economic basis, essential elements, basic characteristics and classification of justice 2.2.1 The socio-economic basis for the formation of justice is the existence of the right to private ownership and social classification, differences and inequality among members in the community 2.2.2 Essential elements The first way expresses that Justice has three components: towards others, obligations and rights and equality The second way is that Justice includes four basic aspects: "Desert", "Fairness", "Equality" and "Moral Integrity" 2.2.3 Basic characteristics of justice Firstly, Justice is a basic value of a civilized society In primitive societies, conflicts were resolved based on "violence" When the society develops, individuals must cooperate together to give solutions to such conflicts instead of making decisions on their own Social order must be established on the basis of stability, peace and Justice Secondly, Justice is a mutually educational virtue Justice has a responsibility to instruct people in their relationship with others and is deeply educational to help each individual to control their behavior well Thirdly, Justice is a mechanism of social organization and management, a mechanism to control power Justice is a contradiction settlement mechanism, a fundamental value for social management, against the abuse of state power Fourthly, Justice is a deeply institutional and political social virtue The legitimacy of a government are often judged through whether it recognizes, protects and guarantees the implementation of Justice Fifthly, Justice has a close relationship with the law, is the foundation for promulgating policies and laws Sixthly, Justice is always associated with the requirement of fair judgement of the courts, an intellectual and reasonable decision by a third party giving solutions to resolve disputes Seventhly, Justice requires a close combination between Desert and Title Justice requires everyone to be in the right position, that is the combination of the worthiness and the recognition of the law Eighthly, Justice requires fairness in voluntary transactions and cooperation Ninthly, Justice is always associated with the requirement to respect human dignity and rights, a fair and public trial by the courts Tenthly, the connotation of Justice is class type Because Justice has a close relationship with political consciousness, in a class society, the ruling class will take measures to determine social values, including values of Justice Eleventhly, Justice has a close relationship with social Justice In one aspect, distribution Justice is a mechanism of social Justice CHAPTER REALITY OF JUSTICE EXPRESSION IN THE CONSTITUTIONS AND PRACTICE OF JUSTICE PROTECTION IN VIETNAM 3.1 Reality of justice expression in the Constitutions 3.1.1 The Constitution identifies and declares justice as a fundamental value of the Vietnamese social community "Justice" was firstly identified in Clause 3, Article 102 of the Constitution 2013, and indirectly declares the role of the fundamental value of Justice in the organization and social management 3.1.2 The Constitution affirms justice and then righteousness of the revolution for power, and at the same time contributing to strengthening legitimate role of the Vietnamese Communist Party as “the force leading the State and society" in Clause of Article of the Constitution 2013 3.1.3 The Constitution protects human rights, civil rights, especially right of equality before the courts; fair and open trial by the courts; right to be presumed innocent, not to be compelled to testify against oneself 3.1.4 Justice requires the Constitution to establish a socialist state ruled by law - a model of state organization that emphasizes equality values, especially equality between the state and individuals, is the optimal mechanism to promote and protect the justice values 3.1.5 The Constitution establishes the basic mechanism of fair distribution justice through the institution of a socialist-oriented market economy 3.1.6 The Constitution establishes institutions on the National Assembly and the Government, agencies that promote Justice values at macro level, through policies, basic functions such as 11 promulgating, organizing the implementation of the Constitution, laws; supreme supervision over compliance with the Constitution, laws and deciding of important issues of the country 3.1.7 The Constitution establishes judicial power and assign the Courts tasks of justice protection, and at the same time, assign People's Procuracy tasks of exercising prosecution rights and administering judicial activities The Constitution 2013 officially identified "justice protection" as top and cross-cutting task of the People's Court, and at the same time establishing independent judicial rights, strictly regulating procedural principles, professional principles, integrity requirements as well as constitutionalise “adversary” is the judicial principle of the courts The Constitution assigns the People’s Procuracy to exercise the power to prosecute and supervise judicial activities in order to ensure the rule of law, fairness and objectivity, combating errors, arbitrary, abuse of power, ensuring the accuracy of both substantive justice and procedural justice in judicial activities 3.1.8 The Constitution establishes the fundamental and supreme law position of the constitution and establishes a constitutional protection mechanism with the provisions "All violations of the Constitution shall be dealt with" and "The mechanism defend the Constitution shall be prescribed by a law" 3.2 Reality of justice protection in Vietnam 3.2.1 The reality of jurisdiction of the courts Over the past time, the refusal of the courts is quite arbitrary The judicial action of the courts depends very much on written laws "The Judges and People's Assessors are independent and shall obey only the law", that is, the courts only accepts cases of disputes when 12 there is a law for that relationship On the basis of the Constitution 2013, these shortcomings have been gradually overcome with the permission to apply custom or similar application of law, precedent, and fairness 3.2.2 The status of accuracy in judgment of the courts The number of cases that are overdue by the law due to subjective errors, typically 156 cases (0.04%) in 2014, 144 cases (0.03%) in 2015, and 67 cases in 2016 (0, 02%) The number of cases of unclear judgements is still quite large, in 2014 it was 560 cases (0.14%), in 2015 it was 295 cases (0.07%) The number of cases that have to be re-judged under cassation and retrial has tended to decrease, but still exist In 05 years, it has accepted 35,556 applications for cassation and retrial, resolving 30,774 cases, reaching 86.5%, of which, responding to parties without protest grounds with 20,665 cases, with protest under cassation and retrial 4,394 cases There has 05 cases and cases of wrong judgement in 20062010, and 2011-2015 respectively In 05 years, the rate of judgments and decisions being canceled due to subjective errors by judges is 0.8% (decreased by 0.4% compared to the previous term), canceled due to subjective errors is 0.95% (reduced 0.85% over the previous term) The Justice of the trials have been improved, the percentage of sentences canceled and corrected due to subjective errors tends to decrease, specifically, in 2011 it was 2.14%, in 2012 it was 1.83%, in 2013 was 1, 71%, in 2014 it was 1.61% and in 2015 it was 1.35%, in 2016 it was 1.27% and in 2017 it was 1.3% 3.2.3 Current state of social perception 13 The Government Inspectorate's anti-corruption report found that nearly 40% rated the level of corruption in the courts and the prosecution as common, 17% said they used other means, because of corruption in the courts are too high The Development Outlook Report by the Ministry of Planning and Investment shows that judicial independence in Vietnam ranks low due to its heavy dependence on other institutions and due to political and administrative pressures The Vietnam Lawyers Association' Justice Index report notes that due to lack of trust in state institutions, a very small percentage of people request resolution of civil disputes, only 3.3% The World Bank's Business Report ranking of world Economies evaluates the performance of contracts through dispute resolution by courts in Vietnam, ranking 69 out of 190 economies The World Justice Project's Justice Index report shows that up to 7% of cases will use violence to resolve and only 9% will seek help from the government or a third party The report on the Rule of law index of the World Justice Project showed that Vietnam's rule of law index reached 50/100, ranked 74/113 countries, of which the civil Justice index was at weak level 44/100, ranked 92/113 countries and the criminal Justice index was at weak level at 49/100, ranked 52/113 countries 14 CHAPTER VIEWPOINTS AND SOLUTIONS TO JUSTICE PROMOTION AND PROTECTION IN VIETNAM TODAY 4.1 Requirement on justice promotion and protection 4.1.1 Requirement on building rule-of-law State 4.1.1.1 Building an orderly and stable society on the basis of law and justice In order to ensure social order and stability, the Constitution and statutes must have the supreme position in regulating relations in all fields of social life Therefore, the judicial capacity and efficiency of the courts - directly to protect Justice, effectiveness and the strength of the law need to be further focused on improving 4.1.1.2 Requirements for ensuring human rights, civil rights and dignity Ensuring Justice is also an aspect of human rights, citizenship and dignity, especially from the perspective of equal legal status, on the implementation of obligations such as benefits in distribution, enjoyment, fair trial opportunities to ensure both procedural justice and substantive justice 4.1.1.3 Construction of clean and strong judiciary One of the important characteristics of a socialist rule-of-law State is the existence of an independent, integrity, fair and effective judicial system that effectively protects Justice Therefore, judicial activities that focus on judicial activities of the courts must be conducted efficiently and effectively 4.1.2 Requirement of completing market economy with socialist orientation and international integration 4.1.2.1 Requirement to complete the market economy with socialist orientation The State creates a favorable, equal, cooperative investment and business environment, and at the same time, establishes the basic 15 principles of distribution justice to ensure fairness in enjoying the achievements of economic growth 4.1.2.2 International integration Vietnam needs to be proactive and ready to prepare the necessary conditions to ensure international integration profoundly, especially the serious and responsible implementation of international standards, including standards about justice promotion and protection 4.1.3 Current status of Justice protection 4.1.3.1 Requirements for strengthening leadership of the Communist Party of Vietnam The risk of decrease of the Vietnam Communist Party 's ruling legitimacy still exists and is one of the most challenging issues that challenge the leadership of the Party One of the shortcomings in the Party's leadership is the weak use of power to promote and protect Justice 4.1.3.2 Shortcomings and limitations exist in a number of constitutional institutions and the recent practice of justice protection activities Shortcomings and limitations in a number of institutions of the Constitution 2013 include: The value of Justice is indirectly reflected through the provisions of the People's Courts or some policies on equality, social equality; The recognition of the Justice of the Constitution in Chapter VIII on People's Courts, the People's Procuracies has made the values of Justice to be collected in a narrow range, merely a "judicial value" of the judiciary; The initiative from citizens to participate in promoting and protecting the values of Justice has not been focused properly; The right to access Justice has not been officially recognized as a basic right; The content, scope and 16 modes of control activities among agencies exercising legislative, executive and judicial powers have not been clarified, potentially risk of violating Justice values; There is still too much emphasis on the key role of the state economy, creating inequality Justice in cooperation, exchange and competition among economic sectors; The basic principles of distribution Justice have not been clearly shown; The values of Justice need to be more clearly reflected in the legislative and executive powers; Regulations on judicial independence need to continue to be studied and recognized more thoroughly; The constitutional defense mechanism remains unsolved Shortcomings and limitations in Justice protection practices include: The situation of overdue cases to be resolved in accordance with regulations due to subjective errors has not been completely overcome; The number of types of cases and petitions for cassation and retrial that the courts has to accept and resolve is still very large, the number of unresolved applications is still large; People's confidence in the courts' judgments and decisions is not high; And the case of wrong conviction of innocent persons; The proportion of judgments, decisions canceled and corrected due to subjective errors has not been decreased sharply In some cases, the appeal courts has corrected first-instance judgments and decisions without reasonable grounds; The judges still have limited capacity, qualifications and professional skills; responsibility; carelessness; Some judges also have individualism and show their lack of improvement professional ethics and good behaviors; In administrative proceedings, the judges are very limited in knowledge of socio-economic management and also show signs of conflict fear 4.2 Viewpoints of justice promotion and protection 17 4.2.1 Strengthening and maintaining the leadership of the Vietnam communist Party The measures to improve the effectiveness of the Justice protection activities must ensure the Party's s leadership in accordance with the country's conditions in each period, maintain political stability and the nature of socialist rule-of-laws state 4.2.2 Synchronous and appropriate route and steps Justice promotion and protection is an important, urgent and long-term task so that solutions to justice promotion and protection must be prudent and focused, ensuring a specific and planned roadmap and sufficient conditions to ensure appropriate steps 4.2.3 Learning international experience combined with traditional legal inheritance of the country 4.2.3.1 Learning international experience Ensuring to learn human achievements and experience in accordance with Vietnamese practical conditions and international integration 4.2.3.2 Inheriting the legal tradition of Vietnam In the process of acquiring and choosing world experiences, it is necessary to pay full attention to factors of culture, traditions of local law such as the relationship between morality, ethics and law or custom that the law of the state is independent factor 4.3 Solutions to the justice promotion and protection 4.3.1 The group of solutions to improve the Vietnam Communist Party’s leadership effectiveness in completing theories and implementation of justice promotion policies Firstly, justice promotion and protection needs to be definitively affirmed as an important constituent part in the leadership of the Party On that basis, it should supplement and 18 recognize Justice as a typical value of democracy and social progress in paragraph 2, Clause 1, Part IV, Guidelines of building a country in transition to socialism (as amended and supplemented in 2011) Secondly, reports on political affairs, socio-economic development plans, resolutions, directives and other important documents of the Party should continue to focus on implementing the values of Justice, especially in the process of perfecting the rule-oflaw state and the socialist-oriented economy Thirdly, along with guidelines of juridical reform since 2002 to the present, with the issuance of Resolution No 08-NQ/TW and Resolution No 49-NQ/TW with a roadmap to 2020, it is necessary to continue the implementation of the juridical reforms as well as providing breakthrough directions in this field for the period until 2030 Fourthly, the leaders completes the theory of Justice in socialist rule-of-law State with a number of basic contents as follows: Promoting research, progress to unify the concept of Justice awareness; correctly identifying the position and role of Justice in socialist rule-of-law State; correctly defining the relationship between Justice, natural law and positive law; being aware of the role of laws Fifthly, improving the efficiency of the organization and implementation of the Party's leadership, including: Organizing, applying, setting goals, directions and measures to seriously implement advocates and resolutions of the Party on justice promotion and protection; Strongly promoting the role, initiative, creativity and responsibility of other organizations of the political system in implementing the Party's guidelines of justice promotion and protection; instructing political ideology for public employees, 19 party members and the masses of people in implementing the Party's guideline of justice promotion and protection 4.3.2 Solutions for completing the institutions of the Constitution 2013 on justice and justice protection - Solutions for completing a number of institutions of the Constitution 2013 Firstly, Justice should be directly recognized in the Premable or in Chapter I on Constitutional Political System Secondly, continuing to develop the viewpoint of a socialist rule-of-law state for the sake of benefits of its people Proposing to continue to maintain Article Chapter I Constitutional Political System 2013 Thirdly, continuing to clarify the content, scope, mode and object of power control in the Constitution 2013 in Clause 3, Article 2, Chapter I of the Constitutional Political System 2013 Fourthly, it is necessary to affirm that the right to access Justice is a fundamental human right in Clause 1, Article 31, Chapter II of the Constitution 2013 Fifthly, there is need to supplement that the private economy is an important driving force of the economy in Clause Article 51 Chapter on Economy, society, culture, education, science, technology and environment in the Constitution 2013, at the same time it is necessary to clarify the basic principles of distribution Justice in society Sixthly, continuing to research and proceed to establish an independent, specialized constitutional protection organization in the socialist political-legal system of Vietnam Seventhly, continuing to improve the institutions of the People's Courts, focusing on some basic contents: Clarifying the 20 content of judicial control activities; Continuing to study and complete the regulations on the jurisdiction to accept the case in the direction of constitutionalizing the principle of applying case law and fairness in dispute settlement; enhancing judicial independence at the constitutional level; ensuring the strict observance of judgments and decisions of the Courts Fifthly, maintaining the institution of the People's Courts in the Constitution 2013 (Articles 107, 108 and 109) in order to contribute to more effective protection of Justice through adjudication activities - Solutions to overcome problems and limitations in justice protection Firstly, continuing to focus on perfecting the system of legal documents of justice promotion and protection in accordance with the Constitution 2013, creating a solid, comprehensive legal framework in justice promotion and protection Secondly, continuing to ensure better implementation of the principle of judicial independence such as independence of juridical activities and administrative units; ensuring objectivity in the judge appointment; the long-term and stable term of judges, etc Thirdly, continuing to vigorously reform proceedings towards democracy, equality, openness, transparency, strictness, and improving the litigation at trial sessions Fourthly, positively changing people's awareness and beliefs about the Justice protection activities of the courts Fifthly, strengthening vocation training measures and resources of the courts 21 4.3.3 Other support solutions 4.3.3.1 Promoting dissemination, propaganda and culture and lifestyle based on law and Justice Continuing a deeper awareness of the position, role and importance of law dissemination and education, more effective mobilization of resources, extensive propaganda of culture and lifestyle in compliance with the Constitution, law and values of Justice 4.3.3.2 Fostering scientific research and training Researching and applying subjects of Justice theory into basic training programs such as Bachelor of Laws, Master of Laws Research centers need to publish many scientific works of high value of justice as well as the application of Justice ideas and theories in social organization and management 4.3.3.3 Promoting international cooperation activities Continuing to promote and improve the effectiveness of legal and judicial cooperation, diversifying forms of cooperation such as providing experts, supporting information and documents, organizing surveys, conferences and seminars Continuing to promote the mechanism of information sharing, international cooperation results on law and justice 22 CONCLUSION On the basis of identifying the object and scope of the research, the thesis has in turn solved the research tasks to achieve the proposed research purposes Research results of the thesis are shown through the following points: Justice is a concept with a very dynamic connotation The thesis has introduced the concept of Justice, at the same time, focused on analyzing and clarifying the socio-economic basis, basic elements, characteristics, applications and existence forms of Justice In addition, the process of forming and developing ideas and Justice theory in Vietnam are also studied and analyzed for clarification Constitutional Theory affirms the fundamental roles of each constitution, including openness, consensus and foundation of state power With that role, the Constitutions can express Justice in typical aspects such as the declaration of Justice as the common value; protection of human rights, civil rights In the abovementioned areas, the judicial activities to justice protection of the courts is considered as the activity that shows the most concentration of the justice expression in most of the Constitutions The Constitutions of Vietnam, especially the Constitution 2013, have achieved many basic results in demonstrating justice in many aspects such as the definition and declaration of Justice as a fundamental value of the community, affirming the righteousness of the revolution to take power and the legitimacy in the leadership of the Party and State, the protection of human rights, the civil rights, especially the rights in proceedings, establishes the socialist rule-oflaw state, establishing the basic mechanism of the distribution justice through the institution of the socialist-oriented market economy 23 In reality, Justice protection activities still reveal a number of shortcomings such as the authority to accept/reject cases in inappropriate period; There are still some errors, especially the judges' subjective errors that affect the accuracy of the judgment; Perceptions, the level of confidence of people, businesses and international organizations on the judicial system is still not high Justice promotion and protection is an important aspect of the Constitution 2013, then our Party and State need to come up with powerful, practical and feasible solutions to improve the effectiveness of this work such as: focusing on perfecting the leadership of the Vietnam Communist Party, theories of Justice, improving the performance of institutions of justice protection, legal system in general and the Constitution 2013 in particular, promoting propaganda, creating culture, lifestyle based on law and Justice, promoting scientific research and training of Justice theory 24 LIST OF WORKS BY THE AUTHOR Ho Chi Minh's Ideology on Justice, Journal of Democracy and Law, November issue (260) 2014, November 2013 On concept of "Justice" in the Draft Amendment to Constitution 1992, Journal of State Organization, Issue 11-2013, November 2013 Concept of justice in Vietnam from 1945 to Juridical reform 1950, Journal of Democracy and Law, November issue (272) 2014, November 2014 People's Court and Justice Protection Tasks, State Organization Magazine, Issue 12-2014, December 2014 Socio-economic basis for formation and development of justice, Journal of Democracy and Law, October issue (283), October 2015 Justice is a social value that should be protected, State Organization Magazine, issue 3/2016, March 2016 Vu Trong Khanh - First Justice Minister who build juridical affairs for justice in Vu Trong Khanh - The first Justice Minister (Many authors), Knowledge Publishing House, 2015 Justice and access to justice - Some theoretical and practical issues (by Nguyen Dang Dung and Vu Cong Giao), Hong Duc Publishing House, 2018./ ... number of Constitutions in the world, Constitutions of Vietnam, especially the Constitution 2013 and the practice of Justice protection in Vietnam New scientific findings of the thesis Defining and... Constitutions and the practice of justice protection in Vietnam Chapter Viewpoints and solutions to justice promotion and protection in Vietnam today CHAPTER OVERVIEW OF RESEARCH, THEORETICAL BASES... freedom" by Immanuel Kant and John Rawls 2.3 Formation, ideology and theory of justice in Vietnam In Vietnam, Justice has been developed from "private retaliation" to a "pecuniary compensation" regime