For the trial activities of the Court, the prestige and trust of the people towards the Court has long been the most accurate measure. When it comes to the Court, people completely trust in its fairness and objectivity, it is a place with strict but quick and convenient procedures, it is a trusted address for the people in the implementation of justice, proving that the ADPL in resolving HM&F cases of the People's Court is highly effective.
Along with the Court, the people's reputation and trust in Judges, Jurors, Court Clerks and those who directly carry out ADPL have a great influence on the effectiveness of ADPL in resolving HM&F cases. If the People's Court is truly a reliable address for the people, respected and trusted by the people, then surely the effectiveness of ADPL activities will be recognized and highly appreciated. Because, it is the fair and strict trial activities, the protection of the law, the timely and accurate protection of the legitimate rights and interests of citizens with high professional skills, with the full qualities and responsibilities of Judges, Jurors and civil servants of the Court that can establish that trust among the people.
In order for the ADPL activities of the People's Court in resolving HM&F cases to achieve good quality and efficiency, certain conditions must be met. These are subjective and objective conditions that create a solid foundation for ADPL to be carried out smoothly. There are many factors that ensure the effectiveness of ADPL in resolving HM&F cases, some basic factors can be mentioned such as: law, economic - political situation, cultural tradition, legal awareness of the people, capacity level of ADPL people... These factors on the one hand have an intertwined impact on each other, on the other hand have their own roles and effects on ADPL activities in resolving HM&F cases.
1.3.1. Legal regulations related to the settlement of cases on marriage and family
The quality of the legal system on court organization, on marriage and family, on civil procedure, and guiding documents for implementation... plays a very important role in the ADPL activities of the People's Court in resolving marriage and family cases. This is one of the bases to ensure that ADPL achieves high results in practice, and at the same time allows forecasting the possibility of realizing legal provisions in social life. If the quality of the law is low, implementation will encounter many difficulties and obstacles, and many legal provisions cannot be implemented in practice or can only be applied for a short time. Therefore, if the legal system is complete and clear from general provisions to guiding provisions for implementation, application in practice will be easier and more effective.
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To do that, the legal system on HN&F must be built in the correct order, procedure, authority, name appropriate to the content, have a clear and concise form. The content of these documents must have a close, logical connection, legal terms used accurately, with one meaning, clear, concise, easy-to-understand words, suitable for the level of awareness of the general public. In other words, a quality legal system must ensure basic requirements such as: comprehensiveness, synchronization; unity; suitability; feasibility, meeting the needs and demands of life that is increasingly developing.
1.3.2. Economic, political and social situation of the country
Since the beginning of 2009, although Vietnam's economy has been affected by the global economic and financial recession, thanks to the proactive and creative spirit of enterprises and economic establishments and the synchronous implementation of correct and timely policies and solutions of the Central Party and the Government, it has been developing in a positive direction and showing signs of recovery. Production
Industrial production has gradually stabilized and continued to increase, many important products have maintained high growth rates. Most export items have increased in volume. The consumer price index has increased at a reasonable rate. People's lives continue to be concerned and improved.
Currently, Vietnam has diplomatic relations with 176 countries, economic and trade relations with over 200 countries and territories, of which about 80 countries and territories invest directly in Vietnam... Never before has Vietnam's diplomatic and economic relations developed as deeply and diversely as they do today. That has significantly affected the quality and effectiveness of the People's Court's ADPL in resolving HM&F cases.
Politics is the relationship between classes, castes, groups of people, and social forces through the state [42, p.110]. The political line of the ruling party has a key meaning in building laws, propagating, educating, and organizing the implementation of laws in practice, so it plays a key role in all ADPL activities. Moreover, the relationship between marriage and family in each different historical period is influenced by the views and political lines of the ruling force of that period, it always bears the imprint of the political ideology of that era.
Nowadays, under the leadership of the Communist Party of Vietnam, our state is gradually building and perfecting a new, progressive marriage and family regime that is in line with the aspirations of the majority of working people. Therefore, the political regime is one of the factors that deeply affects the legal system on marriage and family in general and the ADPL activities of the People's Court in resolving marriage and family cases in particular.
Besides, other social conditions such as cultural level, intellectual level, lifestyle, people's habits, infrastructure, social facilities... also affect the ADPL activities of the People's Court in resolving marriage and family cases.
1.3.3. Ethical factors, national cultural traditions
In general, ethics are standards and principles recognized by society, regulating human behavior towards each other and towards society. Family is the nucleus of society, the place where people are born and raised, the place where human personality is formed and developed. Therefore, family ethics is an issue that is always raised at any historical period. For Eastern people, family relationships are considered the central and essential relationship in all relationships between people.
Any legal system is born, exists and develops on a certain ethical foundation. Ethical concepts and standards are the ideological premise for law. However, no branch of law has a close relationship with ethics like the law on marriage and family. Marriage and family law and ethics have the same goal of ensuring that marriage and family relations exist and develop stably, human behavior in relationships between husband and wife, between parents and children, between grandparents and grandchildren, between brothers and sisters, is increasingly good, families are sustainable, the rights and legitimate interests of individuals are protected and social order is maintained. With that goal, it can be seen that marriage and family law is built not contrary to ethics or can be unified and consistent with ethics, in addition, marriage and family law stipulates the application of law in resolving disputes, and requirements on marriage and family must also be based on an ethical foundation. This shows that the law on marriage and family has recognized the ethical practices and customs in marriage and family relations of Vietnamese people.
Regardless of the historical period, the Vietnamese people always have the tradition of respecting women and children, and promoting family affection. This is a long-standing and unchanging cultural trait. We are one of the few ethnic groups that have the custom of worshipping mothers. The Vietnamese people always express their aspirations and wishes to enjoy more democratic rights and equality in the family. Moreover, Vietnam is a land
The country is influenced by many different religions and beliefs, in which, the sacrifice of women for their families, the dependence between generations, the preference for men - the contempt for women... have become common principles of behavior and determining rights in traditional families in Vietnam. Therefore, in the process of ADPL to resolve marriage and family cases, the People's Court must always ensure the basic principles stipulated in the 2000 Law on Marriage and Family, especially the principle of respecting and protecting the legitimate and legal rights and interests of women and children. Through that, we can see more clearly that ethics and national cultural traditions have significantly influenced ADPL in resolving marriage and family cases through practice in Thai Nguyen province.
1.3.4. Legal awareness of the staff, civil servants of the Court and the people
The general cultural level and the legal cultural level of citizens in particular have a great influence on the ADPL process. Particularly for the ADPL activities of the People's Court in resolving HM&F cases, the level and legal awareness of the applicators such as: Judges, People's Councils, Court Secretaries are extremely important conditions to ensure that ADPL is implemented accurately and thoroughly in practice. In addition, the legal awareness of the subjects subject to the application also greatly affects the results of ADPL activities, because when having the necessary legal knowledge, the subjects will know how to use the law to protect their legitimate and legal rights and interests as well as the common interests of the state and society.
High level of education is the first and basic condition for legal behavior. People with high level of education will easily understand the law, perceive the law correctly, leading to good legal behavior. As for people with low level of education, it will be the opposite, it is difficult for them to understand and practice legal behavior. According to statistics, currently in our country there are
About 1.7 million people are illiterate and are mainly ethnic minorities. With low cultural level, they are less able to absorb new social norms, including laws. Being illiterate, they cannot read legal documents, and if they do receive them, they will only receive them orally. Therefore, they will not deeply understand the nature, and may even misunderstand, which will greatly affect their ADPL, sometimes leading to violations of the law.
Thus, we see that in order for ADPL to be favorable, the legal ideology in society must always ensure correctness and scientificity. The legal awareness of people in general and of those who apply and those who are subject to the law in particular must be constantly improved, consolidated and enhanced. Only by doing so can the ADPL activities of the People's Court in resolving HM&F cases achieve the best quality and effectiveness, and be most appropriate.
1.3.5. Capacity and qualifications of the team of officials, judges, people's assessors, and court clerks
The practice of resolving marriage and family cases shows the increasingly complicated nature of this type of case. The complexity is reflected in property disputes or the assignment of children to one party to raise when the husband and wife divorce, the recognition of one party missing or dead so that the other can get married, the couple wanting to end the marriage and family relationship... From the above practice, it is required that officials, judges, and secretaries when resolving disputes must have specialized expertise, master the provisions of the law on civil procedure to build quality case files. Specifically, correctly identifying the legal relationships in dispute, the qualifications and capacities of the parties, related people, collecting and evaluating evidence... Reality shows that many cases have been revised and annulled many times, affecting the people's trust, causing economic losses to the state and the people, partly due to the low professional qualifications of officials and judges, not meeting the requirements for resolving them.
The resolution of HM&F cases is becoming increasingly complex. Therefore, training and improving the professional qualifications of court officials in the field of resolving HM&F cases is extremely important and of great significance. In addition, the People's Court must also meet certain standards in terms of legal knowledge, ethics, lifestyle, etc. Only by doing so can ADPL activities in general and ADPL in resolving HM&F cases in particular achieve good quality and effectiveness.
1.3.6. Some other factors
In addition to the main factors mentioned above, the People's Court's ADPL in resolving HM&F cases is also affected by a number of other factors such as: The quality and effectiveness of propaganda, dissemination, and legal education, necessary material and technical conditions... Practice shows that, in order to ensure ADPL activities, it is necessary to pay attention to strengthening the material facilities and working means, and to have adequate material and technical equipment to serve the trial work, such as the Court headquarters must be a solemn, majestic, and disciplined place, the trial hall must be large, spacious, and fully equipped with microphones and surveillance cameras....
At the same time, the state must focus on perfecting policies for judges and court officials. Because this is a profession with its own characteristics, hard, difficult, complicated, subject to a lot of pressure, sometimes even dangerous for themselves and their families. Therefore, it is necessary to build a protection mechanism for judges and their families, build regulations on insurance regimes so that they can receive compensation when they encounter risks in life and career. Only when their living and working conditions are guaranteed, will they have the conditions to devote themselves, devote all their time, energy, and intelligence to their work, maintain an impartial and objective attitude in their work as well as be able to make correct and effective decisions in the ADPL process to resolve HM&F cases.
In addition, the leadership role of Party organizations in ADPL, the participation of mass organizations and unions such as: Women's Union, Vietnam Youth Union, Committee for Child Protection and Care... or the impact of ethical, religious, and customary factors... also significantly affect the ADPL process of the People's Court in resolving marriage and family cases.
Chapter 1 Conclusion
ADPL is one of the important forms of law enforcement. ADPL is a regular activity of competent state agencies in the process of performing their functions, tasks and powers, contributing to the successful implementation of the functions and tasks of the Socialist Republic of Vietnam. The application of law is practical, specific and vivid, carried out in a certain order prescribed by law, playing a very important and significant role in the implementation of state power in the fields of economics, politics, culture and national security and defense...
The People's Court's ADPL in resolving HM&F cases is a field of ADPL in general. Therefore, the People's Court's ADPL in resolving HM&F cases has both the general characteristics of ADPL and the specific characteristics of ADPL in resolving HM&F cases in terms of subjects, procedures and contents of ADPL in resolving HM&F cases. There are many factors that affect the effectiveness of the People's Court's ADPL in resolving HM&F cases, including important factors such as law, economic-political situation, cultural traditions, legal awareness of the people, capacity level of ADPL practitioners...