Criminal Policy Practice on Legal Awareness

Periodically summarize and study the results of investigation, prosecution and trial of child sexual abuse crimes to make recommendations and propose measures and solutions to sectors and levels to improve the effectiveness of this work; propose to supplement and amend legal provisions related to investigation, prosecution and trial of this type of crime.

2.2.4. Criminal policy practice on legal awareness

It is undeniable that today the lives of all classes of people are improving, along with the improvement of knowledge and awareness in general and legal awareness in particular. People are increasingly interested in the law, and their awareness of law compliance and implementation has clearly improved. They have enthusiastically and actively received legal propaganda from agencies and departments as well as enthusiastically responded to legal campaigns. Therefore, people have a deeper understanding of their behavior in order to better implement the provisions of the law.[14]

However, besides that, the legal awareness of the people about sexual abuse is still limited. A large number of people have poor legal awareness, leading to poor awareness of sexual abuse. The legal knowledge of the people about sexual abuse, especially in rural and mountainous areas, is still very low. Many people participate in legal relationships without knowing the provisions of the law, although it is very close and common in life. Or people who commit sexual abuse do not know that their behavior can be prosecuted. For example, in remote areas, there is still the custom of early marriage. Letting their own children, only from 13 to 16 years old, get married early according to village customs. This leads to the children in the family being caught up in the law. Many people violate the law.

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law without being aware of their behavior. That shows that people in our country's legal perception of sexual abuse is still very vague, the line between crime and non-crime.

It is alarming that the number of people violating the law on sexual abuse in our country is increasing. Sexual abuse acts are increasingly diverse, transforming into many forms. Most notably, the situation of child sexual abuse is becoming a dangerous trend that is worrying the whole society. In fact, many crimes have occurred, some of which are very sad and heartbreaking. Some people are willing to kill people just because the victims do not agree to resist, including children or those who discover the crime and rush to stop it but cannot stop that animalistic urge. The subjects of this type of crime are very diverse, in all classes, ages are not distinguished, but people with high or low cultural levels, manual workers or office workers... The number of sexual abuse cases is increasing and becoming more complicated... In many areas across the country, the number of child sexual abuse cases has reached an alarming level, becoming a concern for families and society. All of these things have been and are ringing an alarm bell about the current sexual abuse problem in our country. These violations probably stem largely from the problem of legal awareness among the masses.

The limitations of people's legal awareness come from many causes. First of all, it is due to the limited level of education of a part of the people, especially in rural mountainous areas, so the level of legal awareness of the people is poor. The work of disseminating the law to the masses is not comprehensive, not deep and not effective. People's violations of the law may be due to not being aware of their actions, or they may be aware but still deliberately violate for personal purposes. In addition, there are many

Other causes include the negative effects of gender imbalance, the impact of negative and backward social psychology and ideology...

Solutions to raise people's legal awareness [39]:

- Raising legal awareness: Law is an indispensable factor for every state and society. To organize and manage the state and society well, each person in that community must understand and constantly raise legal awareness. If citizens do not have good legal awareness, it will lead to illegal acts, and will find loopholes in the law for personal gain, regardless of the community's interests. Therefore, it is required that all classes of people must constantly raise their legal awareness.

- Strengthening legal education: Legal awareness education helps people pay more attention to the law, improve their legal knowledge, have the right attitude, positive motivation in implementing the law and fighting against violations of the law. To do so, it is necessary to foster legal knowledge, improve people's legal awareness. Implement well the education, propaganda, and dissemination of the law in all forms and positive measures, bringing the law into all areas of life. At the same time, it is necessary to combine legal awareness education with social ethics education. Currently, our State is actively propagating and educating legal awareness widely among the masses and initially achieving good results.

- Living and working according to the law: Clearly identifying the important role of the law in regulating basic social relations, in recent years in our country many important laws and statutes in the fields of socio-economics and state apparatus reform have been promulgated. Along with establishing a complete and synchronous legal system, it is necessary to create conditions and build effective mechanisms to ensure

All legal regulations issued must be respected by all people, agencies and organizations. We must find ways to bring the law into people's lives, build a good lifestyle, and live and work according to the law. To achieve that goal, we must constantly improve the general intellectual level of society and strengthen extensive legal education among the masses.

- Strictly handle all violations of the law: To raise legal awareness, it is not only necessary to promote legal education and propaganda among the masses but also to be strict in handling violations of the law. All violations must be carefully considered and strictly handled. If there are any subjective or careless handling, it will easily create loopholes for opportunists to exploit.

Chapter 2 Conclusion

The practical study of criminal policy for sexual crimes in our country applied the 2015 Penal Code shows new points to optimize legal regulations. Solving practical problems that the law does not stipulate has now been revised by the 2015 Penal Code to see the development and perfection in the legislative techniques of Vietnamese lawmakers.

In chapter 2, the author also studies the practice of criminal policy in defining sexual crimes in Vietnam from 2013 to 2017, showing that the prosecuting agencies and prosecutors have achieved encouraging results in the investigation, prosecution and trial of crimes in general and sexual crimes in particular.

sexual crimes in particular. However, besides that, there are also some negative aspects that still exist, the author also analyzes each cause.

The impact on the identification of crimes is a premise for the differentiation of criminal responsibilities and the individualization of punishment in a fair and accurate manner, and at the same time serves as a basis for judging the right person, the right crime, and the right law, avoiding cases of wrong identification and wrongful conviction of innocent people.

In addition, the author also analyzes the practice of criminal policy on legal awareness to point out the importance of agencies in the process of preventing and fighting sexual crimes. The responsibility of each citizen to each agency in the fight against sexual crimes.

Chapter 3

IMPROVING CRIMINAL POLICY FOR SEXUAL CRIMES IN VIETNAM

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3.1. The need to improve criminal policies for crimes against love

- The 2015 Penal Code, although the result of fundamental and comprehensive amendments,

The 1999 Penal Code, but society is always moving and developing, which means that new crimes will also arise in the current and future context, so regulations may not be timely supplemented or have been supplemented but are not complete and comprehensive, such as sexual abuse through tourism, forced prostitution, online sexual abuse of children... The need for criminal policies for sexual crimes also always needs to be developed, updated and continuously renewed according to the development of society.

- The situation of sexual crimes has continuously had complicated developments in nature and increased in number. Not only that, the situation of sexual crimes tends to leave extremely serious consequences, causing indignation and anxiety among the masses. Many cases are of a particularly serious nature such as: gang rape, child rape, stepfather raping children, teachers sexually abusing students many times, even biological fathers raping their daughters...

- Along with the process of international integration, our country is also facing many difficulties and challenges, including the problem of international crimes. The increase of transnational organized crimes and crimes committed by foreigners in recent years has posed many challenges.

This poses a major challenge for Vietnamese authorities. In Vietnam, sexual abuse through tourism has emerged as the number of foreign tourists entering Vietnam has increased. Foreigners who sexually abuse children have taken advantage of tourism activities, causing a major problem for domestic law enforcement agencies. Criminals travel far from home to exploit vulnerable children, maintaining anonymity in the community, exploiting loopholes in laws and law enforcement measures, remaining undetected and therefore unbrought to justice.

- Crime prevention in general and sexual crimes in particular is one of the important, urgent, regular, continuous and long-term tasks to implement the Constitution, laws and guiding documents, contributing to protecting justice, protecting human rights, civil rights, protecting the interests of the State, the rights and legitimate interests of organizations and individuals. Therefore, criminal policy is the long-term direction and move in the fight against crime in general and sexual crimes in particular.

- The development, supplementation and promotion of human rights and fundamental rights of citizens in the 2013 Constitution requires the continued improvement of the provisions of the current Penal Code to make these rights of the people be implemented in practice. The Penal Code must strictly handle acts that violate the above-mentioned human rights and fundamental rights of citizens.

- Reality shows that one of the causes leading to law violations is that the level of legal knowledge, legal awareness, and respect for the law of a part of the people is still very limited. Therefore, improving the level and legal awareness of the people is to limit the increase in crime rate. Therefore,

Improving people's legal knowledge according to the requirements of state management by legal policies is an urgent issue.

3.2. Orientation to improve criminal policy for sexual crimes

- Perfecting criminal policy in the direction of building and perfecting laws on ensuring human rights, freedom in general and sexual freedom in particular, and the right to inviolability : Strengthening the legal basis for the responsibility of state agencies in building, promulgating promptly, synchronously and organizing the implementation of laws and international treaties to which Vietnam is a member on human rights, sexual freedom, and inviolability. Perfecting the State's protection regime for citizens' legitimate rights and interests, the responsibility regime of state agencies, especially the courts, in protecting those rights; strictly handling all acts of infringing upon citizens' legitimate rights and interests; overcoming unjust and wrongful handling; Urgently promulgate the Law on State Compensation. Respect and ensure full implementation of human rights, basic rights and obligations of citizens as recognized in the 2013 Constitution. Research and perfect criminal policies related to minors in accordance with the spirit of the United Nations Convention on the Rights of the Child, such as: Perfecting the principles of handling minors who commit sexual crimes in the direction of ensuring the best interests of the children, while having a better protection mechanism for minors who are sexually abused; Research the possibility of limiting the scope of criminal prosecution for minors from 14 to under 16 years old in the direction of only considering them as criminals when they commit certain specific acts of sexual abuse and are directly regulated in specific laws; Have a more stringent criminal handling policy

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