HANOI NATIONAL UNIVERSITY
-------------------------------------------- FACULTY OF LAW
LUONG VAN TUAN
NATIONAL DYNASTY CRIMINAL CODE - HUMAN VALUES, PROGRESS AND INHERITANCE
IN THE CONDITIONS OF BUILDING A RULE OF LAW STATE IN VIETNAM TODAY
Major : THEORY AND HISTORY OF STATE AND LAW
Code : 62 38 01 01
DOCTORAL THESIS IN LAW
SCIENTIFIC INSTRUCTOR:
1. Associate Professor, Dr. Pham Hong Tung
2. Professor, Dr. Hoang Thi Kim Que
Hanoi - 2013
COMMITMENT
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LIST OF ABBREVIATIONS
BLDS | |
Criminal Code: | BLHS |
Criminal Procedure Code: | BLTTHS |
Marriage and family | Family |
Rule of law: | NNPQ |
Publishing house: | Publisher |
QTHL | |
Socialism: | Socialism |
INDEX
INTRODUCTION 1
CHAPTER 1: OVERVIEW OF THE RESEARCH SITUATION OF NATIONAL DYNASTY LAW 7
1.1. Published research works related to the topic 7
1.1.1. Research works of Vietnamese scientists 7
1.1.1.1. Group of monographs 7
1.1.1.2. Proceedings of the 9th National Conference
1.1.1.3. Group of works published in scientific journals 12
1.1.2. Research works of foreign scientists 14
1.2. Achievements of published scientific works and issues that need further research 17
CHAPTER 2: THEORETICAL AND HISTORICAL BASIS OF THE HUMANITIES AND PROGRESSIVE VALUES OF THE NATIONAL DYNASTY CRIMINAL CODE 20
2.1. Historical background of Vietnam in the early Le Dynasty 20
2.1.1. Political premises 20
2.1.2. Socio-economic premises 25
2.1.3. Cultural and ideological premises 29
2.1.3.1. Humanistic and progressive values in national traditions before the early Le dynasty 31
2.1.3.2. The role of Confucianism, Buddhism and the individual Le Thanh Tong in the process of forming humanistic and progressive values of the National Dynasty Penal Code 35
2.2. Concepts of “humanism” and “progress” 41
2.3. Humanistic and progressive values of National Dynasty Penal Code 55
CHAPTER 2 SUMMARY 57
CHAPTER 3: BASIC CONTENT OF HUMANITIES AND PROGRESSIVE VALUES IN THE NATIONAL DYNASTY'S CRIMINAL CODE 59
3.1. Overview of the humanistic and progressive values of the National Dynasty Penal Code 59
3.1.1. Promoting people in real life 66
3.1.2. Love and fight for humanity 68
3.1.3. Governing a country must have laws 69
3.1.4. Combining moral governance with legal governance 72
3.1.5. Every nation must have a 75-year-old army.
3.1.6. Talents are the vitality of a nation 77
3.1.7. The Hundred Officials Are the Source of Chaos 79
3.1.8. For the people, all benefits should be done, all harms should be abandoned.
3.1.9. Strict yet lenient criminal policy 82
3.2. Contents showing the humanistic and progressive values of National Dynasty Penal Code 83
3.2.1. In the criminal field 87
3.2.2. In the field of organization and operation of the state apparatus 99
3.2.3. In the field of bureaucracy 102
3.2.4. In the field of litigation 110
3.2.5. Protection of vulnerable groups in society 114
3.2.5.1. Protection of children's rights 114
3.2.5.2. Protecting women's rights 116
3.2.5.3. Protecting the rights of the elderly, the disabled, the lonely... 122 3.2.6. In the civil field 123
3.2.6.1. Normal civil transactions and inheritance relations 123
3.2.6.2. Regulations on marriage and family (HMGD) 133
CHAPTER 3 SUMMARY 141
CHAPTER 4: INHERITANCE OF HUMANITIES AND PROGRESSIVE VALUES OF
NATIONAL DYNASTY CRIMINAL LAW IN THE CONDITIONS OF BUILDING A RULE OF LAW STATE IN VIETNAM TODAY 143
4.1. Building a socialist rule of law state in Vietnam and the requirements for inheriting the humanistic and progressive values of the National Dynasty Penal Code 143
4.1.1. Basic characteristics of the rule of law state 143
4.1.2. Perception of the socialist rule of law state of Vietnam 144
4.1.3. Requirements for inheriting the humanistic and progressive values of the National Dynasty Criminal Code in building a Vietnamese rule of law state 145 4.1.3.1. Theoretical aspect 145
4.1.3.2. In practice 150
4.2. Viewpoints, directions and solutions to inherit the humanistic and progressive values of National Dynasty Penal Code 153
4.3. Inheriting the humanistic and progressive values of the National Dynasty Penal Code into building the current Vietnamese rule of law state 162
4.3.1. In the criminal field 162
4.3.2. In the field of organization and operation of the state apparatus 168
4.3.3. In the field of cadres and civil servants 169
4.3.4. In the field of litigation 176
4.3.5. In protecting vulnerable groups in society 179
4.3.6. In the civil field 182
SUMMARY OF CHAPTER 4 186
CONCLUSION 189
LIST OF AUTHOR'S SCIENTIFIC WORKS RELATED TO THE THESIS 192
LIST OF REFERENCES 193
INTRODUCTION
1. Urgency of the topic
After more than 25 years of implementing the Party's renovation policy, the country has undergone comprehensive and profound changes and is entering a new period of development - a period of promoting industrialization, modernization and international integration. Rapid economic growth has brought our country out of the list of poor countries and increasingly has a higher position in the international arena, but in terms of culture, there has not been a commensurate development. Our country's cultural environment has been severely damaged, mixed, unhealthy, contrary to traditional customs, social evils, crimes and the penetration of toxic products and services that degrade morality, especially among young people, are very worrying. The gap between rich and poor between regions, areas and social classes is increasing. The implementation of policies for people and families who have contributed to the country has not been satisfactory. The living, working and studying conditions of young people, education and protection of children have not received due attention. The lives of the elderly, the lonely, the disabled, the disabled and orphans also lack appropriate policies. The work of controlling, preventing and punishing bureaucracy, corruption, waste, irresponsibility, abuse of power and violation of citizens' democratic rights has not achieved good results. Crime and social evils are increasing day by day. In the face of this situation, the Platform for National Construction (supplemented and developed in 2011) points out:
Building an advanced Vietnamese culture, imbued with national identity, comprehensive development, unity in diversity, deeply imbued with the spirit of humanity, democracy, and progress; making culture closely linked and deeply permeating the entire social life, becoming a solid spiritual foundation, an important endogenous strength of development. Inheriting and promoting the fine cultural traditions of the community
Vietnamese people, absorb the quintessence of human culture, build a democratic, fair, civilized society, for the true interests and dignity of human beings... [12, pp.75-76]
With the awareness that people are the center of the development strategy, and at the same time the subject of development , always focusing on the formation of human personality and Vietnamese culture , our entire Party and people strive from now until the middle of the 21st century to build our country into a society: Rich people, strong country, democracy, equality, civilization with modern industry, following the socialist orientation . This great revolutionary cause requires continuing comprehensive and thorough innovation in all areas of social life, especially innovation and improvement of the legal system and state apparatus to successfully carry out the construction of a socialist rule-of-law state in Vietnam, exploiting, preserving and developing the historical values, traditional culture of the nation, absorbing the valuable experiences of our ancestors in building and developing the country into the renovation, administrative reform, building a clean and strong Party and government, institutionalizing the market economy and proactively integrating into the international community today.
In that context, to contribute to solving the above tasks, studying the legal traditions of the nation, especially the viewpoints and practical experiences in legislation of our ancestors to preserve and promote those useful lessons for the country today is a necessary task because "the pages of Ancient Vietnamese Law are glorious pages of history recording the strong vitality of family and social regimes, as well as the healthy customs of the nation that we need to learn." [45, p.49] Among the legal traditions of the nation that need to be learned, studying the National Dynasty Penal Code (QTHL) is a focus because it contains the cultural and civilized values of the country and the Vietnamese people. It "is not only the pinnacle compared to the legal achievements of previous dynasties, but also for the entire system of