Improving the quality of law enforcement in resolving land use disputes at the People's Court in our country today - 1

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THESIS:

Improving the quality of law enforcement in resolving land use disputes in rural areas in our country

Currently

1. Urgency of the topic

Building the Socialist Republic of Vietnam in the direction of a socialist rule-of-law state of the people, by the people, for the people is a major policy of the Communist Party of Vietnam in the period of renovation.

In a rule-of-law state, the judiciary plays a particularly important role, ensuring that the characteristics of a rule-of-law state are fully and comprehensively expressed. Therefore, the Party and State pay special attention to improving and enhancing the quality and effectiveness of judicial activities.

In the country's judicial system, the Court is identified as a pillar. The activities of the Court are the place that most clearly demonstrates the quality of activities and prestige of the system of judicial agencies in particular and the entire state power in general. Therefore, to reform and improve the quality of the Court's activities, focusing on trial activities, is a breakthrough in the process of judicial reform in the country in the process of building a socialist rule-of-law state.

The reality of adjudication in recent years shows that civil cases are increasing, especially disputes over houses and land. Although the 2003 Land Law, which took effect from July 1, 2004, has many new and clearer regulations that facilitate all citizens to bring land use rights into civil exchanges, contributing to promoting family and social economic development through the legal system. However, land law still has many gaps, low stability, especially in periods when land law is not suitable for life, creating underground activities in the land sector such as transferring land use rights without going through local authorities. Meanwhile, the requirements of society and citizens for this work are increasingly high; The 2003 Land Law took effect from July 1, 2004, but many legal documents related to the adjudication of this type of dispute have not been guided and trained in a timely manner; In addition, the organization, staff, facilities and material of the Courts have not been further improved to meet the requirements of judicial reform tasks, including increasing the jurisdiction of the District Courts.

According to statistics of the Supreme People's Court, in recent years, civil cases have increased significantly. The number of petitions requesting the Court to review cases according to the procedures of cassation and retrial has increased and their nature has become increasingly complicated. Most of these cases are related to housing disputes and land use rights transfers, accounting for a large proportion and are the most difficult and complicated types of civil disputes. Due to the increasing number of cases, the increasingly complicated nature and many different reasons, the trial activities of the Court have revealed certain limitations such as exceeding the time limit for trial according to the provisions of law, the rate of judgments and decisions being amended or annulled due to serious violations of procedural law and due to incorrect application of the law on content and procedural law is still high. Although the number of judgments being annulled or amended is not much, it is the biggest disadvantage in the trial activities. Notably, there are a number of housing and land dispute cases that have lasted for many years and at many levels of trial, affecting the legitimate rights and interests of citizens. There are still some unclear judgments on housing and land dispute settlement, causing difficulties for the enforcement of civil judgments. In the process of settling cases, due to the incomplete study of legal documents, leading to a lack of comprehensive objectivity in the assessment of evidence, incorrect application of legal documents leading to erroneous judgments or serious violations of procedural law, so the higher court must annul or amend the judgment of the lower court. In this situation, the People's Court has focused all resources on speeding up the progress and improving the quality of settlement of all types of cases, especially civil cases, ensuring the time limit for trial according to the provisions of law, minimizing the judgments and decisions of the Court with serious errors, and overcoming the wrong application of the law; Strengthening the guidance on the unified application of legal provisions related to the trial work and the organization of activities of the People's Court sector. Continuing to consolidate and improve the professional qualifications, moral qualities and political capacity of the team of judges of the People's Court at all levels. Most of the judgments and decisions of the Court are issued in accordance with the law, objectively, reasonably, within the time limit prescribed by law and have the effect of educating the people's awareness of respecting the law. The practice of applying the law in the trial activities of the People's Court sector has been posing both urgent and long-term requirements to continuously improve the quality of trials in the process of implementing judicial reform.

The law in our country is in line with the Party's guidelines. Therefore, the quality of law application in the trial activities of the Court is one of the important factors that determine the quality of trial of the People's Court. To meet the requirements of the current judicial reform, in theory and practice, there are many issues that need to be studied, including the issue of law application in the trial activities of the People's Court in general and the application of law in resolving land use disputes at the People's Court in particular.

Because of the theoretical and practical significance as mentioned above, I have chosen the issue " Improving the quality of law enforcement in resolving land use disputes in the Tua On Nhon Dan area in our country today " as the topic of my master's thesis in law.

2. Research status of the topic

The application of law in general and the application of law in the trial activities of the People's Court is a topic that attracts the attention of many legal scientists. Especially in the current situation, the number of articles and research works on judicial reform and the application of law in the trial activities of the Court has increased significantly. Research on issues related to the application of law in the trial activities has been carried out by a number of scientists and practitioners of the Court sector and has been published in scientific works such as:

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

- Master's thesis of author Chu Duc Thang: "Applying law in resolving civil cases of People's Courts at provincial level in Vietnam today", 2004.

- Author Luu Tien Dung with the article " Discussing the application of law in trial work ", People's Court Magazine, May 2005 issue.

- Author Pham Thanh Hai, People's Court of Dan Phuong district, Ha Tay with the article "Further discussion on the application of Article 136 of the 2003 Land Law", Court Magazine, May 2005.

- Dr. Nguyen Van Cuong with the article "Issues to be discussed when applying Article 136 of the 2003 Land Law" , Court Magazine, August 2005.

- Author Thuy Nguyen with the article " Applying the law on marriage and family when resolving cases with foreign elements ", People's Court Magazine No. 17, September 2005.

- Editorial Board of People's Court Magazine with the article " Issues discussed when applying Article 136 of the 2003 Land Law ", People's Court Magazine, September 2005.

In addition, other journals such as the Procuracy Journal, the Democracy and Law Journal also have research articles on the application of law. The above works either study the application of law in the adjudication of the People's Court in general or the application of law in the adjudication of criminal cases and civil cases of the People's Court in some specific localities. Up to now, there has not been any research work that has analyzed comprehensively, completely, systematically from the perspective of general theory on the State and Law the issue of the application of law in the process of resolving land use disputes at the People's Court - the most difficult and complicated type of dispute among all civil disputes.

3. Research object and scope

* About research subjects:

The thesis focuses on studying theoretical issues of law application in resolving land use disputes at the People's Court, studying the current status of law application in resolving land use disputes, causes and shortcomings in law application, thereby proposing solutions to improve the quality of application of legal documents in resolving land use disputes.

* About the scope of research:

Within the scope of a master's thesis in law majoring in State and law theory, the thesis only includes theoretical and practical contents related to the application of procedural law and substantive law in resolving land use disputes at the People's Court.

Resolving land use disputes is a broad field with many other competent agencies participating. However, within the framework of a master's thesis, the author only delves into the application of legal documents in resolving land use disputes at the People's Court, in which he analyzes the causes and proposes solutions.

4. Purpose and tasks of the thesis

* About the purpose:

The thesis researches and proposes solutions to improve the quality of law enforcement in resolving land use disputes at the People's Court.

* About the thesis's mission:

- Analyze the theoretical basis of law application in the Court's adjudication of land use disputes. From the perspective of Marxist-Leninist theory on the State of Law, the thesis presents the concept, characteristics, law application process, evaluation criteria and factors affecting the quality of law application in resolving land use disputes at the People's Court.

- Evaluate the quality of law enforcement in the process of resolving land use disputes at the People's Court from 2000 to 2005, draw out the advantages, achievements, limitations and causes of those limitations.

- Propose and argue the main viewpoints and solutions to improve the quality of law enforcement in resolving land use disputes at the People's Court.

5. Theoretical basis and research methods

* Theoretical basis:

The thesis is based on the theoretical foundation of Marxism-Leninism, Ho Chi Minh's thought on State and law, the viewpoints and guidelines of the Communist Party of Vietnam on strengthening the rule of law, building a rule of law state of the people, by the people, for the people, especially the Party's guiding viewpoints on judicial reform.

* Research method:

The thesis uses the methods of dialectical materialism and Marxist historical materialism, focusing on the methods of combining theory and practice, analysis and synthesis, and specific historical methods. In addition, it also uses methods from other sciences such as statistics and comparison.

6. Contributions of the thesis

The thesis analyzes the concept, characteristics, and process of law application, determines evaluation criteria and factors affecting the quality of law application in the adjudication of People's Courts in general and in the settlement of land use disputes at People's Courts in particular.

Assessing the current status of law enforcement quality in resolving land use disputes at People's Courts.

Proposing solutions suitable to current practices to improve the quality of law enforcement by People's Courts in resolving land use disputes.

7. The meaning of the thesis

The research results of the thesis contribute to supplementing and developing theories to serve the practical requirements of continuously improving the quality of law application in adjudication activities in general and in resolving land use disputes at the People's Court in particular in the current judicial reform. The research results of the thesis can be used as reference materials for research and teaching of legal science in general and training of judicial positions in particular. The content of the thesis can also contribute to building professional skills of judges, skills in researching records, especially for civil judges, resolving land use dispute cases and cases related to land use dispute cases.

8. Structure of the thesis

In addition to the introduction, conclusion and list of references, the content of the thesis includes 3 chapters and 7 sections.