Practicing the right to prosecute in the first instance trial of property infringement cases from the practice of Chon Thanh district, Binh Phuoc province - 2

theory as well as practice, contributing to judicial reform and the fight against crime in the coming time.

2. Research status related to the topic

Practicing the right to prosecute in the first instance trial of property infringement cases is a broad topic, identifying the characteristics of property infringement crimes is a very important issue in the process of resolving the case. In recent times, many legal scientists and practitioners have been interested in researching or referring to the topic of the right to prosecute and practicing the right to prosecute in the first instance trial of criminal cases in general and property infringement cases in particular. Some typical works can be mentioned as follows:

- Doctoral thesis in Law, “ The right to prosecute in Vietnam” by Le Thi Tuyet Hoa, (2005) [18]. Mentioned theoretical issues on the right to prosecute in some countries in the world and in criminal proceedings in Vietnam, raised the current situation of practicing the right to prosecute in criminal proceedings in Vietnam and some recommendations to improve the law on prosecution activities before the Court.

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- Master's thesis in Criminal Law, "Improving the quality of practicing the right to prosecute of the People's Procuracy at the district level in judicial reform in our country" by Luong Thuy Ha (2012) [14]. Mentioned theoretical issues on practicing the right to prosecute of the People's Procuracy, laws on practicing the right to prosecute of the People's Procuracy at the district level in Hanoi and proposed a number of solutions to improve the quality of practicing the right to prosecute of the People's Procuracy at the district level.

- Master's thesis in Law, "Practicing the right to prosecute and supervise investigation of crimes of property infringement of an appropriation nature (based on a practical study of Cau Giay district, Hanoi city)" , by Duong Thi Thu Hoa (2015) [20] . Analyzed further some general issues on practicing the right to prosecute and supervise investigation, the current status of practicing the right to prosecute and supervise investigation and proposed solutions to improve the effectiveness of practicing the right to prosecute and supervise investigation of crimes of property infringement of an appropriation nature.

- Master's thesis in Law, "The function of practicing the right to prosecute of the People's Procuracy (based on practical data of Dak Nong province)" by Le Thanh Hung (2015) [21]. Mentioned some basic theoretical issues on the right to prosecute in criminal proceedings. Evaluated the current status of practicing the right to prosecute in Dak Nong province and proposed solutions to improve the effectiveness of practicing the right to prosecute.

- Master's thesis in Law, "The litigation capacity of prosecutors exercising the right to prosecute in criminal cases to meet the requirements of applying the principle of litigation in Vietnam today" by Bui Thuy Hang (2016) [16]. Referring to the theoretical basis, the current situation of the litigation capacity of prosecutors exercising the right to prosecute in criminal cases and proposing some solutions to improve the litigation capacity of prosecutors exercising the right to prosecute in criminal cases.

- Master's thesis in Law, "Practicing the right to prosecute in the investigation phase for property infringement crimes from the practice of Binh Dinh province" , by Phan Van Quoc (2016) [33] . Analyzed further the general theory of practicing the right to prosecute in the investigation phase, legal provisions and the current status of practicing the right to prosecute in the investigation phase, proposed solutions to ensure the practice of the right to prosecute in the investigation phase of property infringement cases.

- Master's thesis in Law, "Practicing the right to prosecute in the first instance trial of criminal cases from the practice of Hoai Nhon district, Binh Dinh province", by Nguyen Huu Phuoc (2016) [31] . Mentioned a number of theoretical issues on the right to prosecute and the practice of the right to prosecute in the first instance trial of criminal cases, assessed the current situation of this issue in Hoai Nhon district, Binh Dinh province and proposed a number of solutions to more effectively implement this content in the locality.

- Master's thesis in Law, "Practicing the right to prosecute for crimes of property infringement according to Vietnamese criminal procedure" , by Nguyen Van Dien (2017) [12] . Analyzed further some theoretical issues on practicing the right to prosecute, the content and reality of practicing the right to prosecute and solutions to improve the quality of practicing the right to prosecute for crimes of property infringement.

- Master's thesis in Law, "Practicing the right to prosecute in the first instance trial of criminal cases from the practice of Mo Duc district, Quang Ngai province" , by Phan Thi Sa (2018) [43] . Analyzed further some theoretical issues on practicing the right to prosecute in the first instance trial of criminal cases, the current legal status on practicing the right to prosecute in the first instance trial and proposed some solutions to strengthen the practice of the right to prosecute in the first instance trial of criminal cases.

- Master's thesis in Law, "Practicing the right to prosecute in the first instance trial of criminal cases from the practice of Tan Phuc district, Ho Chi Minh City" , by Le Trung Tien (2018) [47] . Analyzed further some theoretical issues on practicing the right to prosecute in the first instance trial of criminal cases, legal provisions and legal status on practicing the right to prosecute in the first instance trial of criminal cases; proposed some solutions to strengthen the practice of the right to prosecute in the first instance trial of criminal cases.

- Master's thesis in Law, "Evidence assessment in property infringement cases from the practice of Tay Ninh province" , by Nguyen Thi My Hiep (2018) [17] . Analyzed and evaluated further theoretical issues on evidence assessment; legal provisions on evidence assessment and evidence assessment practices in first-instance trials in property infringement cases.

- Master's thesis in Law, "Practicing the right to prosecute in resolving cases of using computer networks, telecommunications networks, and electronic means to commit acts of property appropriation from the practice of Ho Chi Minh City" by Nguyen Thi Khanh Hoa (2020) [19].

- Master's thesis in law, "Practicing the right to prosecute in the investigation phase of property crimes committed by people under 18 years old from the practice of Bac Ninh province", by Luong Duc Huyen (2020) [23].

- Master's thesis in Law, "Practicing the right to prosecute in investigating cases of Fraudulent appropriation of property from the practice of Ho Chi Minh City", by Nguyen Khanh Toan (2020) [55].

State-level scientific topics include the work "Reforming the Vietnamese judicial system" ; ministerial-level scientific topic: "Current situation and solutions to improve the quality and effectiveness of practicing the right to prosecute and supervise the trial of criminal cases" ; ministerial-level scientific topic: "Theoretical issues on the right to prosecute and the organization of the implementation of the right to prosecute in Vietnam today" ; ministerial-level scientific topic: "People's Procuracy in the process of judicial reform" .

Some textbooks, monographs, and commentaries include the following works: Textbook on Vietnamese Criminal Procedure Law , edited by Nguyen Ngoc Chi, National University Publishing House, Hanoi; Summary of some theoretical and practical issues on the work of the People's Procuracy over 55 years of organization and operation , edited by the Supreme People's Procuracy, National Political Publishing House, Hanoi, 2015; Urgent theoretical and practical issues of innovating criminal procedure procedures to meet the requirements of judicial reform , Dr. Le Huu The, Dr. Do Van Duong, MSc. Nguyen Thi Thuy (co-editors), National Political Publishing House, Hanoi, 2013; People's Procuracy in the process of judicial reform , edited by the Supreme People's Procuracy, internal circulation, 2012; etc.

In addition, there are articles related to the right to prosecute in the first instance trial of VAHS published in specialized journals such as: "On the practice of the right to prosecute in the trial phase" by author Ly Van Chinh, People's Court journal, No. 12/2006; "Agency practicing the right to prosecute in the current judicial reform in our country" by author Do Van Duong, Legislative Research Journal, No. 7/2006; "Discussing litigation at the first instance criminal trial" by author Nguyen Duc Mai, People's Court journal, No. 17/2007; "Improving some provisions of the current Criminal Procedure Code to improve the quality of litigation at the first instance trial" by author Nguyen Duc Mai, Law journal, No. 07/2008; " Improving the principle of litigation in Vietnamese criminal procedure law in the spirit of judicial reform " by author Le Cam, Inspection Journal, No. 11/2011; “ Some solutions to improve the quality of prosecution and debate of prosecutors in court in the spirit of judicial reform ” by author Nguyen Xuan Khanh, Procuracy Magazine, No. 5/2012; “Some issues on perfecting the provisions of the Criminal Procedure Code on first-instance trial procedures ” by author Tran Van Do,

Procuracy Magazine, No. 8/2012; "Innovation of first-instance criminal trial procedures towards ensuring the principle of litigation" by author Vu Gia Lam, Procuracy Magazine, No. 21/2013; "Improving the quality of questioning by prosecutors at first-instance criminal trials" , Procuracy Magazine, No. 5/2014; " Difficulties in exercising the right to prosecute in handling information sources on crimes in the field of information technology and telecommunications networks" by author Nguyen Quoc Han, Procuracy Magazine, No. 4/2021; "Experience in exercising the right to prosecute and supervise the investigation of fraud and property appropriation cases" by co-authors Le Thi Thuy Huong, Nguyen Thu Quy, Procuracy Magazine No. 13/2021, etc.

Based on the survey results, the above research projects have revealed a number of issues directly and indirectly related to theoretical and practical issues as well as orientations and solutions to solve the problem. The research on the implementation of the right to prosecute of the People's Procuracy in the first instance criminal trial in general and the first instance trial of property infringement cases in particular is not systematic and has not been comprehensively studied. Conducting research on the implementation of the right to prosecute in the first instance trial of property infringement cases in Chon Thanh district, Binh Phuoc province is very necessary, on that basis, solutions will be proposed to continue to strengthen this activity to meet the requirements of the locality and the current judicial reform process.

3. Research purpose and tasks

- Research purpose: The topic contributes to clarifying theoretical issues on the practice of the right to prosecute in the first instance trial of property infringement cases; on the basis of studying the functions, tasks, powers, and basic contents of the practice of the right to prosecute in the first instance trial of property infringement cases from the practice of Chon Thanh district, Binh Phuoc province, clarifying the advantages and disadvantages, finding the causes of shortcomings and limitations. On that basis, proposing solutions to improve the effectiveness of the practice of the right to prosecute in the first instance trial of property infringement cases in the coming time, meeting the requirements of judicial reform in our country today.

- Research tasks:

+ Study the Law on Organization of the People's Procuracy and the Criminal Procedure Code to explore the theoretical basis for the rights and functions of prosecution.

+ Research on the functions, tasks and powers of the prosecutor when conducting the first-instance criminal trial according to the provisions of Vietnamese criminal law.

+ Assessing the practice of the right to prosecute in the first instance trial of property infringement cases in Chon Thanh district, Binh Phuoc province.

+ Propose solutions and recommendations to improve the effectiveness of practicing the right to prosecute in the first instance trial of criminal cases in general and property infringement cases in particular in the coming time.

4. Research object and scope

- Research object: The thesis studies the theoretical basis and regulations of the 2015 Criminal Procedure Code and the current situation of the practice of the right to prosecute in the first instance trial of property infringement cases in Chon Thanh district, Binh Phuoc province.

- Scope of research: Research on the practice of the right to prosecute of the district-level People's Procuracy in the first-instance trial of property infringement cases according to the provisions of the Criminal Procedure Code on this issue; the practice of the right to prosecute in the first-instance trial of property infringement cases in Chon Thanh district, Binh Phuoc province in the period of 05 years, from 2016 - 2020.

5. Theoretical basis and research methods

- Theoretical basis: The thesis researches on the basis of applying the theory of Marxism-Leninism, Ho Chi Minh's thought on State and law; the ideology and viewpoints of the Communist Party of Vietnam on judicial reform, improving the quality of practicing the right to prosecute in the trial stage, fighting and preventing crime in the current period.

- Research method: Based on the methodology of dialectical materialism, the author of the thesis combines many research methods.

Research methods such as: analysis - synthesis method; comparative law method; case study method, practical survey.

6. Theoretical and practical significance

- On the basis of clarifying theoretical and practical issues, the topic contributes to clarifying the provisions of Vietnamese criminal procedure law on the functions, tasks and powers of the People's Procuracy when conducting the first-instance trial of property infringement cases.

- The research results of the topic can be used as research documents to further improve legal regulations on the function of practicing the right to prosecute of the People's Procuracy; at the same time, it can be used as reference documents for the team of officers working in law enforcement related to this field.

7. Structure of the thesis

In addition to the Introduction, Conclusion, References and Appendix, the thesis consists of 3 chapters:

Chapter 1: Theoretical issues on practicing the right to prosecute in the first instance trial of property infringement cases.

Chapter 2: Provisions of Vietnamese criminal procedure law on the exercise of the right to prosecute in the first instance trial of property infringement cases and enforcement practices in Chon Thanh district, Binh Phuoc province.

Chapter 3: Requirements and solutions to improve the quality of practicing the right to prosecute in the first instance trial of property infringement cases in Chon Thanh district, Binh Phuoc province.

Chapter 1

THEORETICAL ISSUES ON THE PRACTICE OF PROSECUTION

IN THE FIRST INSTANCE TRIAL OF THE PROPERTY INFRINGEMENT CASE

1.1. Concept of exercising the right to prosecute in the first instance trial of property infringement cases

1.1.1. Concept of prosecution

1.1.1.1. Concept of the right to prosecute

The right to prosecute is the right of the State for the public interest (the interests of the State or society) against criminals, which has been known since ancient times of human society, when the State appeared, the right to prosecute also appeared. The history of criminal justice in the world has shown that the process of formation, development, and perfection of the institution of the right to prosecute is associated with the birth of the State and the law. In each certain period, each country has a different state apparatus established in association with natural, economic, political, social, human, and cultural conditions. Therefore, the right to prosecute also has certain differences, in parallel with the perfection of the legal system of each country, the perfection of the institution of the right to prosecute is also increasingly evident. There are many different views on the concept of the right to prosecute. I agree with the view that: the right to prosecute is a legal concept, closely linked to the nature of the State and appeared with the birth of the State and law [47, p.86].

In fact, there are many different views and no unified understanding of the concept of the right to prosecute. According to the history of Vietnamese law, legal science in general, as well as criminal science in particular, the institution of "right to prosecute" has not been comprehensively studied. Before the 1959 Constitution, the right to prosecute existed, and from 1960 to the present, the People's Procuracy has exercised this right.

The right to prosecute in our country is mentioned in the 1980 Constitution, the function of the People's Procuracy is stipulated in Article 138 of the 1992 Constitution, Article 137 of the 1992 Constitution (amended and supplemented in 2002) and Article 107 of the 2013 Constitution, which affirms the existence of the terms right to prosecute and the right to prosecute in the functions of the People's Procuracy.