Application of criminal law of the People's Court through practice in Thanh Hoa province

Wrongful convictions, omissions of criminals in investigation, detention, imprisonment, prosecution, trial, etc., judgments that have been overturned or significantly revised due to subjective errors. Although there are not many erroneous judgments, they have a negative impact on the prestige of judges, the fairness and justice of the Court; infringe upon the legitimate and legal rights of citizens, and reduce the people's trust in the Party, the State and the judicial agencies.

On the other hand, along with the strong development of the market economy, the crime situation is becoming more and more diverse, complex, reckless, bold with many sophisticated and cunning tricks, in many fields, not only violating national security, life, health, honor and dignity, property rights, but also appearing many new types of crimes in economic management, administrative order, environmental protection... Especially organized crime operating in the form of gangs, drug crimes, corruption, violations of regulations on road traffic control, in recent times have been causing serious harm to security, order and social life.

To build a truly rule-of-law state of the people, by the people and for the people, one of the key tasks is to build a Court that is truly an agency to protect justice, fairness, reason and the legitimate and legal rights of each citizen against the risk of illegal infringement by other individuals and organizations, as well as by the agencies conducting the proceedings, contributing to maintaining social order and creating a stable, healthy and favorable environment for people's lives, promoting socio-economic development.

Law enforcement is an important form of law enforcement, carried out by state agencies. The trial activities of the Court are essentially ADPL activities. Improving the quality of ADPL of judicial agencies in general, and the Court in particular, is an urgent and long-term requirement. Because the Court's judgment is the result of previous stages of litigation, it is an official decision of the State that gives rise to important legal rights and obligations.

for individuals and organizations. In particular, the trial of criminal cases that directly affect the life, freedom, honor and dignity of citizens must be conducted with utmost caution, objectivity, impartiality, following strict legal procedures and processes to issue judgments that are correct for the person, correct for the crime, correct for the law, reasonable, not wrongly convicting innocent people, not letting criminals escape, and effective enough to educate and reform criminals into useful citizens for society and deter, fight and prevent crime.

Maybe you are interested!

Recognizing the importance of criminal law enforcement in the Court, focusing on promoting the achievements, determined to overcome the shortcomings, contributing to improving the quality of criminal law enforcement of the People's Court, worthy of the trust of the people, the Party and the State in the process of judicial reform. I chose the topic " Application of criminal law by the People's Court (through the practice of Thanh Hoa province) " to do my master's thesis.

2. Research status of the topic

In our country today, the issue of ADPL in general and ADPL in the criminal case settlement activities of the People's Court in particular has always been a topic that attracts the attention of many legal scientists and has produced valuable articles. Those articles contribute to clarifying the relationship between legal science theory and practice, thus directly or indirectly contributing significantly to ensuring ADPL of the People's Court.

Recently, a number of research works on ADPL in the settlement and trial activities of the People's Court have been published such as:

- Doctoral thesis of author Le Xuan Than: " Applying the law in the trial activities of People's Courts in Vietnam today ", 2004.

- Doctoral thesis of author: Chu Thi Trang Van: " Activities of criminal law application by investigation agencies, Procuracy and Court of Vietnam ", 2009.

- Master's thesis of author Nguyen Duc Hiep: " Applying the law in criminal trial activities of the People's Court in Ninh Binh province ", 2004.

- Master's thesis of author Le Thi Kim Chung: " Violation of law in the settlement of criminal cases in Vietnam today ", 2005.

- Master's thesis of author Nguyen Manh Tien: " Litigation in Court - some theoretical and practical issues ", 2005.

- Master's thesis of author Tran Van Kiem: " Applying the law in criminal trial activities of the People's Court in Nam Dinh province ", 2010.

- Author Luu Tien Dung with the article: " Discussing the application of law in trial work ", TAND Magazine, May 2005 issue.

- Author Dam Canh Long with the article: " Discussing the rule of law in criminal law in our country today ", TAND Magazine, No. 22, November 2010.

- Author Chu Thi Trang Van with the article: " The creative role of the Court in the practical application of criminal law ", Legislative Magazine, No. 27, September 2007.

- Author Nguyen Ngoc Tri with the article: " The function of the Court in criminal proceedings before the requirement of judicial reform ", Science Journal, Hanoi National University, 2009

- Conclusion of the Chief Justice of the Supreme People's Court (SPC) at the conference to review the work of 2009 and deploy the tasks of 2010 of the People's Court sector.

- Author Dinh Van Que - former Chief Justice of the Criminal Court - Supreme People's Court with the article: " Practical application of criminal law, theoretical and practical issues ".

The above mentioned research works have mentioned ADPL, ADPL in the trial of People's Court in general, ADPL in the trial of criminal cases in particular. This thesis focuses on studying all criminal ADPL activities.

of the People's Court through the practice of Thanh Hoa province, where the student has worked for many years, to draw conclusions in the criminal ADPL activities of the People's Court.

3. Purpose and tasks of the thesis

3.1. Purpose

The study contributes to revealing the theoretical basis of ADPL in criminal case resolution activities.

Analyze and evaluate the current status of criminal law enforcement of the People's Court in Thanh Hoa province. From there, the thesis proposes viewpoints and solutions to ensure criminal law enforcement in criminal case settlement activities, overcoming the limitations of criminal law enforcement of the People's Court.

3.2. Tasks

- Research the theoretical basis of ADPL in the criminal case settlement activities of the People's Court from the perspective of Marxist-Leninist theory on State and law. Reveal the specific characteristics of criminal case settlement activities and criteria to evaluate the quality of ADPL in the current criminal trial activities of the People's Court.

- Analyze the current situation of criminal ADPL of the People's Court in Thanh Hoa province during the period of 05 years (from 2006 to 2010), revealing the causes leading to the judgments and decisions being unjust, wrong, annulled, or significantly revised due to subjective errors and illegality.

- Proposing basic viewpoints and solutions to ensure the quality of ADPL in the criminal case settlement activities of the People's Court, contributing to the effective implementation of judicial reform, enhancing the prestige of the country's judiciary in the process of building a socialist rule of law state of the people, by the people and for the people.

4. Research object and scope

4.1. Research subjects

The research object of the thesis is criminal ADPL, in the process of resolving criminal cases of the People's Court through the practice of Thanh Hoa province.

4.2. Scope of research

Within the scope of the master's thesis in law in the field of theory and history of State and law, the thesis includes theoretical and practical contents related to the issue of criminal ADPL of the People's Court. To resolve a criminal case, it may be necessary to apply many types of related legal documents, such as: Civil Code, Law on Civil Judgment Enforcement, Ordinance on Court Fees and Charges... but mainly criminal law. Therefore, the thesis focuses on studying the criminal ADPL of the People's Court through the practice of Thanh Hoa province.

Studying all criminal ADPL activities of the People's Court in Thanh Hoa province from 2006 to 2010, including: First-instance trial activities of criminal cases of the district-level People's Courts of the province and of the provincial People's Court; Appeal trial activities of criminal cases; Supervision review activities of criminal cases; Criminal ADPL activities of the Court in the execution of criminal judgments, in order to detect the shortcomings, limitations as well as factors affecting the criminal ADPL activities of the Court, thereby proposing solutions to overcome the causes, promote achievements, best meet the requirements of criminal ADPL activities of the local People's Court, and at the same time propose solutions to ensure that the criminal ADPL of the People's Court is in accordance with the law, in line with the process of building a rule of law state.

The thesis studies the general issues of the ADPL process in criminal case settlement activities from case research to choosing legal norms, issuing judgments and making decisions to execute criminal judgments.

5. Theoretical basis and research methods of the thesis

5.1. Theoretical basis

The thesis is based on the theory of Marxism - Leninism on State and law; Ho Chi Minh's thought on State and rule of law; the Communist Party of Vietnam's guidelines on building a rule of law state.

Socialist rights of the people, by the people and for the people. Especially the guiding viewpoints on judicial reform, in the spirit of Resolution 48NQ/TW; 49NQ/TW of the Politburo on the issue of reforming the organization and operation of the People's Court and judicial agencies in the current period, in order to best meet the requirements of the judicial reform roadmap.

5.2. Research methods

The thesis uses specific research methods: Analysis, synthesis, comparison, history and logic, statistical methods, focusing on methods combining theory and practice.

6. New scientific contributions of the thesis

On the basis of clarifying theoretical and practical issues on ADPL in trial activities in general and ADPL in criminal case settlement activities of the People's Court through the practice of Thanh Hoa province in particular, the thesis proposes a number of specific directions and solutions to contribute to improving the quality of resolving criminal cases of the People's Court to meet the needs of current judicial reform.

7. Theoretical and practical significance of the thesis

- In terms of theory: The thesis contributes to clarifying the theory of ADPL, clarifying the characteristics of criminal ADPL of the People's Court in resolving criminal cases.

- In terms of practice: The thesis has practical significance for improving the theoretical and professional level of judges, court clerks, and those who directly handle criminal cases at the People's Courts, contributing to improving the quality of criminal case resolution by the People's Courts. The thesis can be used as a reference for legal research and study in law universities.

8. Structure of the thesis

In addition to the introduction, conclusion, list of references and appendix, the content of the thesis includes 3 chapters:

Chapter 1 : Theoretical basis for the application of criminal law by the People's Court

Chapter 2 : The current situation of applying criminal law of the People's Court through practice in Thanh Hoa province.

Chapter 3 : Basic viewpoints and solutions on ensuring the quality of criminal law application by the People's Court.

Chapter 1

THEORETICAL BASIS FOR THE APPLICATION OF CRIMINAL LAW BY PEOPLE'S COURTS

1.1. CONCEPT, CHARACTERISTICS OF LAW APPLICATION

1.1.1. Application of law in the system of forms of law enforcement

Laws only have real meaning when legal provisions are implemented in practice. Criminal ADPL is of special importance, having both common characteristics as other forms of ADPL and its own characteristics. Therefore, before studying criminal ADPL, we need to analyze ADPL in the system of forms of law enforcement in general.

Socialist Law of Vietnam is a system of rules of conduct expressing the will and interests of the working people, promulgated (or recognized) by the State, having general mandatory nature, guaranteed by the State to be implemented on the basis of combining education, persuasion and coercion; attracting the active participation of the whole society in the activities of building and implementing laws, aiming to regulate social relations for the goal of a rich people, a strong country, a fair, democratic and civilized society.

The law is a means of recording, ensuring and protecting the legitimate rights and interests of citizens. Any act of violating the legitimate rights and interests of citizens is strictly handled. The law not only stipulates the legal rights and obligations of citizens but also stipulates the legal mechanism, legal provisions and procedures to implement the legitimate rights and interests of citizens. The legitimate rights and interests of citizens are stipulated and protected by law in all areas of social relations. The strong reform of the state apparatus, focusing on the reform of the national administration, and administrative procedures are all aimed at

Application of criminal law of the People's Court through practice in Thanh Hoa province - 2

Comment