Crime of illegal racing in Vietnamese criminal law

Vietnamese Criminal Law (Volume 2 - Crimes), National Political Publishing House, Hanoi, 2010; 5) Dr. Tran Minh Huong (editor-in-chief), Dr. Do Duc Hong Ha, Dr. Trinh Tien Viet and the authors, Chapter XIX - Crimes against public safety and public order , In the book: Studying the Criminal Code of the Socialist Republic of Vietnam and documents guiding its implementation , Labor Publishing House, Hanoi, 2010; 6) Dr. Nguyen Duc Mai, Chapter XIX - Crimes against public safety and public order , In the book: Scientific commentary on the 1999 Vietnamese Criminal Code, Authors, People's Police Publishing House, Hanoi, 2001; 7) Master of Science. Dinh Van Que, In-depth scientific commentary on the Penal Code - Crimes, Volume VI - Crimes against public safety and public order , Ho Chi Minh City Publishing House, 2005; 8) Master. Hoang Dinh Ban, Road traffic accident prevention activities in Vietnam today , People's Police Publishing House, Hanoi, 2008; 9) In-depth training materials on the 1999 Penal Code, Materials for Reporters, Ministry of Public Security Publishing House, Hanoi, June 2000.

* The second group includes theses, dissertations, articles and scientific topics such as: 1) Dr. Truong Quang Vinh (chair), School-level scientific research topic (Hanoi Law University), Crime of organizing illegal racing, crime of illegal racing and the fight to prevent and combat these crimes in Hanoi , Hanoi, 2004; 2) Dr. Do Duc Hong Ha, Practice of administrative sanctions for illegal racing and organizing illegal racing in Hanoi , Article in the above topic; 3) Master. Pham Van Bau, Crime of organizing illegal racing, crime of illegal racing and the fight to prevent and combat these crimes in Hanoi , Article in the above topic; etc.

However, through the study of the above works, it can be seen that some works have a wide research scope, in which the issue of illegal racing crime is only a small part of the authors' research content, so it has not been analyzed deeply in terms of theory and practice; some works only consider illegal racing crime as a crime to comment on the legal signs of the crime.

and punishment or only considered from the perspective of criminology - prevention of the whole group of crimes that violate public safety and public order in the 1999 Penal Code of Vietnam; there is a research work (topic) on this crime and the crime of organizing illegal racing, at the same time proposing solutions to combat and prevent these crimes, but the research was conducted a long time ago (2004), so the theoretical and practical value is not high, and it goes deep into the issue of criminology, prevention of this crime in a specific area, the capital Hanoi, when the capital has not yet expanded, and is at the level of a research topic, so up to now, there has not been any scientific work that has independently, systematically and at the level of a master's thesis in law from the perspective of criminal law on the crime of illegal racing. Therefore, continuing research to perfect the provisions of the 1999 Penal Code on the crime of illegal racing, as well as proposing solutions to improve the effectiveness of applying the provisions on this crime, still has theoretical and practical significance.

3. Purpose and research objects of the thesis

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3.1. Research purpose

The thesis systematically studies the basic legal issues of the crime of illegal racing such as: concept, legal signs and punishment for offenders, distinguishing the crime of illegal racing from a number of other crimes in the Penal Code, and at the same time, goes into depth into analyzing the practice of trying the crime of illegal racing in our country from 2001-2010 nationwide, as well as studying a number of typical criminal judgments for evaluation and analysis. On that basis, the thesis points out a number of problems and shortcomings in the handling and sentencing work to have some forecasts, thereby proposing a number of recommendations and solutions to improve the law and solutions to improve the effectiveness of applying the provisions of the Vietnamese Penal Code on the crime of illegal racing.

3.2. Research subjects

The research object of the thesis is as its name suggests - Illegal racing crime in Vietnamese criminal law .

4. Theoretical basis and research methods

4.1. Theoretical basis

The thesis is based on the methodology of Marxism-Leninism, Ho Chi Minh thought and the policies and guidelines of our Party and State on the fight against crime.

4.2. Research methods

The research process in the topic also uses specific research methods such as: analysis, synthesis and sociological statistics; comparison and contrast methods; pure analysis of legal norms, practical surveys; research and investigation of typical cases... to analyze and demonstrate the scientific issues that need to be researched in this thesis.

In addition, in the process of implementing the thesis topic, the author has selectively absorbed the results of published works; assessments and summaries of professional agencies and experts on issues related to the research issues in the thesis.

5. Theoretical and practical significance of the topic

5.1. Theoretical significance

The research results of the thesis contribute to perfecting the theory of illegal racing crime in Vietnamese criminal law science. Specifically, it has clarified the general issues of this crime in Vietnamese criminal law, analyzed the general history of formation and development of the criminal law provisions of our country on this crime from 1985 to the present, distinguished the crime of illegal racing and some other crimes that are often confused in practice; clarified the provisions of the 1999 Penal Code on the crime of illegal racing; analyzed through research

Trial practices nationwide from 2001-2010 to evaluate, thereby pointing out the contradictions and inadequacies of current regulations; pointing out errors in the process of applying those regulations, as well as giving causes to find solutions to overcome them, thereby making some predictions about this crime in the coming time in our country, proposing solutions to improve the effectiveness of applying the provisions of the Penal Code on the crime of illegal racing in terms of legislation and application in practice.

5.2. Practical significance

The thesis is also meaningful as a theoretical reference document, which can be used for research and study. The proposals and recommendations of the thesis will provide scientific arguments for legislative work and practical activities in applying the Vietnamese Penal Code related to the crime of illegal racing, thereby contributing to improving the effectiveness of the fight against this crime now and in the future.

6. Structure of the thesis

In addition to the Introduction, Conclusion and References, the content of the thesis includes 3 chapters:

Chapter 1 : Some general issues on illegal racing crime in Vietnamese criminal law.

Chapter 2 : Crime of illegal racing according to the provisions of the 1999 Vietnamese Penal Code and trial practice.

Chapter 3 : Perfecting the law and solutions to improve the effectiveness of applying the provisions of the Vietnamese Penal Code on the crime of illegal racing.

Chapter 1‌‌

SOME GENERAL ISSUES ON THE CRIME OF ILLEGAL RACING IN VIETNAMESE CRIMINAL LAW

1.1. THE NECESSITY OF PROTECTING PUBLIC SAFETY AND PUBLIC ORDER IN VIETNAMESE CRIMINAL LAW AND THE CONCEPT OF CRIMES AGAINST PUBLIC SAFETY AND PUBLIC ORDER

1.1.1. The necessity of protecting public safety and public order in Vietnamese criminal law

The first Penal Code of Vietnam in 1985 classified the group of crimes against public safety and public order with the group of crimes against administrative management order in Chapter VIII - " Crimes against public safety, public order and administrative management order ". However, in the process of applying criminal law, it has been recognized that there are differences in the objective categories of the groups of crimes against public safety and public order compared to the group of crimes against administrative management order. Specifically: crimes against public safety and public order violate the regulations and rules ensuring safety and order in the lives of all citizens. Meanwhile, crimes against administrative management order violate the normal activities of state agencies and social organizations. On the other hand, the group of crimes against public safety and public order accounts for the largest number compared to other types of crimes in other chapters of the Penal Code. Therefore, it is necessary to separate the group of crimes against public safety and public order from the group of crimes against administrative management order to suit the requirements of practical law application.

The 1999 Penal Code stipulates Chapter XIX - " Crimes against public safety and public order " as a legal basis for prosecution.

criminal liability for those who violate public safety and public order, thereby causing damage to the property of the State, organizations, damage to the life, health, property of citizens, and violating the normal and stable activities of society and public places. Therefore, public safety and public order are important objects that need to be protected by Vietnamese criminal law against acts of infringement or threat of infringement. Because violating public safety and public order is violating the general order of society, violating civilized lifestyle, rules of socialist life, affecting the normal and stable activities of public places. To specify this, Prof. Dr. Nguyen Xuan Yem emphasized - "protecting social order and safety includes the main contents - fighting crime, maintaining public order, preventing accidents, eliminating social evils, and fighting environmental pollution to ensure the normal, peaceful, and legal operation of state agencies, social organizations, and all citizens" [69, p. 16]. Therefore, as an important object protected by criminal law and belonging to the field of social order and safety, it is necessary to clarify the two categories of "public safety " and " public order " before referring to the concept of crimes against public safety and public order and the classification of these crimes.

First of all, " public safety " is not mentioned as a term in the Dictionaries, however, considering the phrase " safety " alone, it is understood as: " Completely safe and free from danger " [68, p. 26], and " public " is understood as " common to or belonging to everyone " [68, p. 345]. Therefore, from the perspective of legal science, " public safety " is understood as a stable state, completely free from danger to people around or social safety for everyone .

Meanwhile, if " order " is understood as " a state of stability, organization, and technique " [68, p. 1641], then the Legal Dictionary of the Institute of Legal Science

The Ministry of Justice has explained the term " public order ". Accordingly, public order is understood as:

A state of stability, organization, and discipline in public places. Places serving public interests such as streets, squares, parks, hospitals, theaters, cinemas, beaches, resorts, etc. are organized and arranged in order, and common conventions are respected and strictly implemented by everyone. Rules must be followed to protect the common interests of society, reflecting all the basic requirements of society in terms of politics, economics, culture, society, etc. [ 60, p. 809].

Or in a broader sense:

Public order is a system of social relations formed and regulated by legal provisions and rules and regulations on general order and safety, which requires all members of society to comply with those general regulations to ensure the normal life, work and activities of everyone in society [77].

Thus, in the general field of society, public safety and public order are considered as conditions to ensure that all citizens have the opportunity to exist, develop and make good use of their capacity and contributions to build a civilized, democratic, prosperous society with a prosperous, equal, progressive and happy life. Therefore, in one way or another, in any form, maintaining and protecting public safety and public order is not only one of the important tasks in the cause of building socialism and protecting the socialist Fatherland of Vietnam of the State, but in turn, the State requires all agencies, organizations and all citizens to strictly comply with the laws and regulations of the State.

socialist social life. Therefore, from a legal perspective, all acts of violating " public safety and public order " cause certain damage to the normal life of citizens and the stability of society, so it is necessary to be handled, depending on the nature and level of danger of the violation, different forms of handling will be applied, from administrative sanctions to criminal proceedings.

It can be said that since gaining power, in addition to protecting the achievements of the revolution, our Party and State have also paid attention to protecting public safety and public order not only in terms of law by issuing a series of documents related to this field, but also taking practical measures to concretize and put those documents into practice. Specifically, the 1992 Constitution of Vietnam emphasized: "Citizens have the obligation to respect and protect State property and public interests" (Article

78) and "Citizens have the obligation to obey the Constitution and laws, participate in protecting national security, social order and safety , maintain national secrets, and comply with the rules of public life" (Article 79). In other words, respecting and protecting public safety and public order is "one of the measures and criteria to assess the stability of society, assess the strength of law enforcement agencies, the management capacity of agencies and organizations, and at the same time it also assesses the legal awareness and legal civilization of citizens" [32, p. 439]. In particular, on July 31, 1998, the Government issued Resolution No. 09/1998/NQ-CP on Strengthening crime prevention and control in the new situation ; at the same time, the Prime Minister issued Decision No. 138/1998/QD-TTg approving the National Program on Crime Prevention and Control . Over five years of implementing the above documents, we have achieved important results such as: Gradually raising the awareness of the whole society about the responsibility of fighting and preventing crime; creating a synchronous coordination mechanism, promoting the combined strength of the political system and all classes of people.

Crime of illegal racing in Vietnamese criminal law - 2

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