HANOI NATIONAL UNIVERSITY
FACULTY OF LAW
LE ANH XUAN
APPLICATION OF LAW IN FIRST INSTANCE TRIAL OF JUVENILE OFFENDERS - THROUGH PRACTICE IN THANH HOA PROVINCE
Major: Theory and history of state and law
Code: 60 38 01 01
MASTER'S THESIS IN LAW
Scientific advisor: Prof. Dr. HOANG THI KIM QUE
HANOI - 2014
COMMITMENT
I hereby declare that this Thesis is my own research work. The results stated in this Thesis have not been published in any other work. The figures, examples and quotations in this Thesis ensure accuracy, reliability and honesty. I have completed all subjects and paid all financial obligations as prescribed by the Faculty of Law - Vietnam National University, Hanoi.
So I write this Declaration to request the Faculty of Law to consider so that I can defend my Thesis.
Thank you very much!
GUARANTEE
Le Anh Xuan
INDEX
Page
Cover Page Pledge Table of Contents
Table of Contents
List of abbreviations
INTRODUCTION 1
Chapter 1 : THEORETICAL BASIS FOR APPLYING LAW IN FIRST INSTANCE TRIAL OF MINORS
CRIME YEAR OF PEOPLE'S COURT 8
1.1. Concept and characteristics of law application in first instance trials
for juvenile offenders of the People's Court 8
1.1.1. Concept of applying the law in first instance trials for people
Juvenile offenders of the People's Court 8
1.1.2. Characteristics of law application in first instance trials for people
Juvenile offenders of the People's Court 19
1.2. Procedures for applying the law in the first instance trial of juvenile offenders by the People's Court 27
1.2.1. Stage of accepting and studying case files to evaluate the prosecution procedure
litigation and evidence 28
1.2.2. Stage of choosing the legal norm applicable to the defendant 37
1.2.3. Stage of issuing criminal decisions or judgments 41
1.3. Conditions to ensure the application of law in the first instance trial of juvenile offenders by the People's Court 46
1.3.1. Contents of law application in first instance trials of juvenile offenders 46
1.3.2. Factors ensuring the application of law in first instance trials
with juvenile offenders of the People's Court 47
Chapter 2 : CURRENT STATUS OF APPLYING THE LAW IN FIRST INSTANCE TRIAL OF JUVENILE OFFENDERS
CRIMES OF THE PEOPLE'S COURT IN THANH HOA PROVINCE 57
2.1. Natural, economic and social characteristics of Thanh Hoa province 57
2.1.1. About natural characteristics 57
2.1.2. On socio-economic development 57
2.2. The situation of juvenile offenders in Thanh Hoa province 58
2.3. Current status of law application in first instance trials of juvenile offenders by the People's Court in Thanh Hoa province 65
2.3.1. Overview of the organization of the People's Court in Thanh Hoa province 65
2.3.2. The main advantages of applying the law in the first instance trial of juvenile offenders of the People's Court
People in Thanh Hoa province 69
2.3.3. Main limitations on the application of law in the first instance trial of juvenile offenders by the People's Court
People in Thanh Hoa province and the cause 72
Chapter 3: VIEWPOINTS AND SOLUTIONS TO ENSURE THE APPLICATION OF LAW IN FIRST INSTANCE TRIAL OF JUVENILE OFFENDERS BY THE COURT
PEOPLE IN THANH HOA PROVINCE 81
3.1. Viewpoints on applying the law in first instance trials of juvenile offenders 81
3.1.1. Thoroughly grasp the Party's viewpoint on handling juvenile offenders 81
3.1.2. In applying the law to minors who commit crimes, it is necessary to ensure strictness, correct person, correct crime, correct law.
law, closely combining coercion with persuasive education 82
3.2. Solutions to ensure the application of law in the first instance trial of juvenile offenders of the People's Court in Thanh Hoa province 85
3.2.1. General solution group 85
3.2.2. Specific solution group 100
CONCLUSION 108
LIST OF REFERENCES 111
LIST OF ABBREVIATIONS
ADPL: Application of law BLHS: Penal Code BLTTHS: Criminal Procedure Code HDPC: Trial Panel NCTT: Minor QPPL: Legal norms TAND: People's Court TNHS: Criminal responsibility TTHS: Criminal procedure
LIST OF TABLES
Plate number
Table name | Page | |
Table 2.1: | Crime statistics in Thanh Hoa province from year 2009 - 2013 | 59 |
Table 2.2: | Juvenile crime statistics in the area Thanh Hoa province from 2009 - 2013 | 60 |
Table 2.3: | Statistics of cases committed by minors on trial from 2009 - 2013 | 61 |
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INTRODUCTION
1. Calculate the urgency of the topic
Youth are human resources
the future of the country , has a role
important
g, impulse in work
build
g and protect the Fatherland . Problem
care , education of the young generation and prevention, prevention of juvenile delinquency
year
I
is one
work
not only in Vietnam but in all countries
the world is also special
know how to care, research and learn
now. Because the world is young
The future of the country, is the generation that continues the career of building and protecting the organization.
For a brighter tomorrow , " Children today, world tomorrow " . Therefore ,
work
protection , care and education
The young generation is one of the concerns.
top, is the strategic issue of our Party and State; President Ho Chi Minh
Our love has been proven .
: Fostering the next generation of revolutionaries
g for life
after that
very important
g and necessary" [13].
Juvenile crime is a real phenomenon that exists in all societies. In recent years, especially at present, the situation of juvenile crime in Vietnam has become very complicated. Solving the problem of juvenile crime is necessary to maintain political stability and social order and safety, but it is also a complex and sensitive issue. Crime committed by juveniles is a pain for families and a burning issue for society. Under the multifaceted impact of the socialist-oriented market economy and the trend of international integration, the economic and social life of the country has made great strides. However, the negative effects of the market economy and the influx of harmful cultural products through various channels during the process of opening up and integration have had a negative impact on the thinking and lifestyle of many individuals, including juveniles. The situation of juvenile crime tends to increase, the nature