The rule of law, law, maintaining social order and security, ensuring that all violations of the law are detected and handled promptly must coordinate on the basis of legal regulations to strictly handle violations of the law in general and violations of public order in particular, such as implementing measures to detect, investigate, prosecute and try quickly, organize public and mobile trials to detect, investigate, prosecute and try quickly, organize public and mobile trials, enhance the role of prosecution, the quality of litigation work at court to improve legal education and propaganda for the masses, enhance the morale of the masses to deter, educate and prevent this crime [25, p. 124].
With the characteristics of the group of crimes that violate public order, some illegal acts occur relatively commonly (gambling, prostitution, superstition) or occur in public places with many witnesses (disturbing public order), so the harm and consequences of this crime, although it causes to society are not great, the level of danger to society is not high, but they are one of the crimes closely related to the stability and normality of public safety, public order, related to the government, the person executing the tool, so conducting mobile courts in the locality where the crime is detected or where the offender lives and resides is an effective way for the masses to intuitively grasp the provisions of the Penal Code, see the strict deterrence of the law on the behavior and subjects of crime. In addition, the strict trial of the Court has a very good effect in reassuring public opinion, maintaining discipline and social order, crushing plots and tricks to distort or exaggerate events, causing loss of trust among the people, the government, law enforcement agencies and the Court in society; contributing to raising legal awareness among the people.
3.2.4. Professional, specialized, administrative management solutions for social order
To have effective measures to prevent and combat crimes against public order, we must understand the causes of crimes and the subjects of these crimes in order to have specific, professional solutions that are effective in managing administration and social order, helping us to determine the nature of the incident and from there have accurate and reasonable solutions.
Specifically [25, p. 125]:
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Firstly , the law enforcement agency, directly the police agency, must have a firm grasp of the area, not allowing the formation of gambling, prostitution, drug, and superstitious spots in the area; strengthening professional prevention measures in close combination with social prevention, destroying and eliminating spots; Grasping specific customs in the locality, having flexible and adaptable methods of handling conflicts and disputes among the people, between the people and the government, in resolving complaints and denunciations, resolving disputes related to security, order, social safety, and those performing public duties. It is necessary to strictly manage subjects under professional management, subjects released from special amnesty, subjects returning from medical facilities, subjects who have caused public disorder and have been administratively handled, subjects under probation... to avoid these subjects committing illegal acts or crimes, affecting security, order, and social safety.
Second , from the government side, it requires cadres, soldiers, and public servants... not only to have a firm grasp of administrative legal documents governing social order and safety, expertise, and profession, especially regulations on social order administration, economics, land, and professional and technical criminal matters, but also to be reasonable, emotional, and decisive when dealing with complex work and matters.
Third , pay attention to solving and investing in building healthy entertainment areas for teenagers, strictly manage restaurants, motels, dance clubs, pubs, Internet cafes... In addition, it is necessary to pay attention to managing teenagers and children in close connection between family, school, organizations and local authorities. Because the living environment has a positive or negative influence on the formation and development of personality in one of those two directions.
Fourth , through reconnaissance and surveillance activities (secret and public) to promptly detect and prevent violations of the law. Investigate, prosecute, and strictly and publicly try cases of violations of public order. Judicial agencies at the same level closely coordinate and actively bring to mobile trials cases of violations of public order to serve local political work. Through mobile courts, propagate and educate the masses while at the same time differentiating and classifying
Eliminate and severely punish the leaders, commanders, masterminds, and stubborn elements; separate the instigators, enticers, and instigators from the masses; at the same time, differentiate, eliminate, and severely punish the leaders, commanders, masterminds, and stubborn elements; separate the instigators, enticers, and instigators from the masses; analyze and explain to those who have gone astray, lost their way, and lack understanding.
Fifth , in addition, it is necessary to pay attention to administrative procedures related to the people, to the settlement of complaints, notarization, household registration, household registration, granting business licenses, import and export, real estate certification, including benefits related to the economy, honor and other rights of citizens - benefits related to the economy, honor and other rights of citizens. In addition, it is necessary to complete written legal documents, develop strict regulations, rules, and regulations for public places so that everyone knows, respects and strictly complies.
Sixth , it is necessary to improve the quality and requirements of administrative management of social order as a professional measure of the police force, focusing on doing well the following measures [25, p.126]:
- Manage household registration, population; immigration, changes in temporary residence and temporary absence management;
- Manage the issuance of identity cards and other travel documents to citizens and foreigners;
- Managing business lines with conditions on security and order;
- Manage special means such as weapons, explosives, support services, seals, and equipment related to weapons;
- Manage and educate complex subjects and elements at the grassroots level and in areas that pose a risk of harming security and order, show signs of suspicious criminal activity, and are likely to commit crimes if not prevented;
- Public order maintenance work - organize, arrange and apply security measures to maintain activities in public places in a certain order, protect the purpose of use, service objects and effects of public places in terms of security, order, social safety, hygiene, aesthetics, quietness and stability in public places.
3.2.5. Solutions to improve the living conditions, facilities, equipment, and support tools for officers, soldiers, and public servants, and the responsibilities of the public servants, security, and social order.
Up to now, the effectiveness of State management, in the end, is decided by the staff. If the staff is good, dedicated, and capable, many public tasks will be performed accurately and well, the reputation of public service will be enhanced, and acts of resistance will be minimized. On the contrary, if there are officials who are both weak in capacity and arrogant, bureaucratic, authoritarian... they are often the first victims of acts of resistance or disruption of public order. Because, part of the reason is that the people performing public duties have more or less provocative, authoritarian, inciting attitudes and insulting, intimidating, and arrogant... towards criminals. Therefore, we need to organize innovation in working style, working measures, and equipment for officials, soldiers, and people performing public duties... to suit the requirements of social management in the new period, and to enhance the responsibility and courage of each official doing this work when performing their duties.
In particular, besides that, the work of closely inspecting and supervising, promptly overcoming negative manifestations, loopholes, shortcomings, and violations of the law in the fields of work of cadres, soldiers, and civil servants... also needs to be carried out regularly, continuously, and synchronously. Accordingly, for cadres, soldiers, and civil servants... there must be a serious and correct style, a resolute and cautious attitude, flexibility, and agility to not allow ringleaders, masterminds, to take advantage of, incite the masses to cause trouble, destroy property, curse, and insult cadres, soldiers, civil servants... especially in cases with a large number of participants and the subjects are the working people.
In addition, it is also worth noting that it is necessary to strive to gain the consensus and support of the masses in detecting, fighting, and condemning acts of causing disturbances and resisting law enforcement officers, creating high pressure and synchronous intimidation against criminals, knowing how to organize coordination with different specialized forces and the masses to resolve the matter thoroughly, legally and effectively. Of course, the cadres, soldiers, and law enforcement officers
In the process of handling cases, it is necessary to grasp the rules of using weapons and equipment while performing official duties in accordance with the provisions of the law, thereby strengthening the steadfastness to avoid confusion, confusion, incorrect handling and handling, leading to violations of the law, regulations, rules... while performing public duties, and also affecting the normal activities of agencies and social organizations. Therefore, in the process of implementing these professional measures, the responsibility and courage of the team doing the work, performing official duties, protecting safety and social order also play a very important role.
To improve the responsibility, ethics and courage of this team, in our opinion, the following measures must be taken:
Firstly , to improve the political, ethical, legal awareness and professional standards of judicial officers in law enforcement agencies and the Court in general, and officers, soldiers and public servants performing security duties in the field of social security and order in particular;
Second , to regularly and continuously foster political and ethical training, especially knowledge learning to raise awareness of judicial officers in general, officers, soldiers, and public servants in the fields of security protection, social order, expertise, and profession (economics, land, criminal matters, etc.), practical experience in handling and professional measures to resolve complicated work and matters, ensuring that when resolving, it must be reasonable, emotional, and decisive, without encroaching on the functions and tasks of other departments, branches, sectors, or agencies.
Third , every month, quarter or year, judicial agencies and administrative agencies in charge of social order must seriously conduct comments and assessments on the responsibilities, moral qualities, legal awareness, qualifications, and professional expertise of officers, soldiers, and public servants in their fields in order to build a team of professionals who are proficient in their profession and are increasingly clean and strong, thereby maintaining national security, social order and safety, contributing to firmly protecting the socialist Fatherland of Vietnam [72, p.120].
On the contrary, it is necessary to implement good policies for cadres and soldiers.
Only when civil servants perform their duties will they have a confident mentality, feel secure in their work, strive to complete their tasks well, build a team of truly strong, clean, dedicated state employees, with exemplary working style, meeting the requirements of expanding democracy and freedom on the one hand, but on the other hand, solving the problem of the relationship between democracy and respect for the rule of law, security, order, and social discipline.
With the characteristics of Ha Giang province, the attention and care for the policies for cadres and soldiers must be paid more attention, because with difficult terrain, sparse population, low education level, the ability of ethnic minority children to study at higher levels is very limited, the cadre force is mainly mobilized and assigned from the lowlands to work in Ha Giang, so if the cadre policy work is not well implemented, the cadres will not really feel secure working long-term in Ha Giang. Recognizing that cadre problem, the leaders of Ha Giang province at all levels have taken many measures to attract and treat cadres to work such as building, consolidating, repairing spacious and clean headquarters; having an annual professional training regime, doing a good job of policies, mobilizing and assigning work reasonably; using the state budget in accordance with regulations and effectively; paying attention to the young cadre force, creating conditions for young cadres to promote their capacity and strengths; boldly appoint young but enthusiastic and capable staff to management and leadership positions.
CONCLUDE
With the characteristics of a mountainous province, multi-ethnic, low cultural level, the economy still needs state support like Ha Giang, the existence of social evils such as gambling, prostitution is inevitable. From the evils in life that have a significant impact on public order and safety; are the conditions, the premise for other violations of the law that violate public order such as disturbing public order or drug crimes and other property violations such as theft, robbery. Although not particularly serious crimes, causing great impacts, the group of crimes that violate public order is a common group of crimes, at the same time has had complicated developments in Ha Giang province in recent years. This poses challenges for the government, management agencies and judicial agencies of Ha Giang province with heavy tasks. Besides the efforts of the authorities of Ha Giang province, the development and completion of criminal law provisions on the group of crimes violating public order and safety are of great significance in general and for Ha Giang province in particular.
Based on the practice and the results collected and synthesized during the professional work, the author initially tried to clarify in the thesis some theoretical and practical issues about the crimes of violating public order that commonly occur in Ha Giang province, thereby finding some solutions to improve this crime in the current criminal law. The results that the author achieved allow to come to some conclusions below:
1. The thesis focuses on analyzing and evaluating crimes against public order from 1945 to present. Based on research from the perspective of modern criminal law of some countries in the world such as the People's Republic of China, the Russian Federation, and the Federal Republic of Germany, it summarizes and compares with the provisions on the group of crimes against public order in the 1999 Vietnamese Penal Code.
2. Regarding the provisions of the current Penal Code, specifically, the thesis analyzed the legal signs constituting 5 specific crimes in the group of crimes violating public order and the handling policies for these crimes, including the following crimes: Gambling crime; organizing gambling or gambling; prostitution; disturbing public order; buying sex
minors (order of crimes according to the prevalence of that type of crime occurring in Ha Giang province - data from 2010-2015). For each factor, the thesis focused on detailed analysis, with illustrative examples.
3. Through the synthesis and analysis of data on 5 specific crimes in the group of crimes against public order, the author found that although these are not particularly serious crimes, with particularly dangerous behavior, they occur relatively commonly. Therefore, in terms of theory as well as practice in trying this crime, in addition to fighting and handling, education and prevention are extremely important. Based on the research and analysis of typical judgments, the author has made a number of recommendations to improve the provisions of criminal law on crimes against public order. These are important bases contributing to the improvement of criminal law, the fight against and prevention of crimes against public order in the current period. For Ha Giang province, I would like to contribute a few small ideas to contribute to building and protecting the homeland, maintaining order and security in the area.