HANOI NATIONAL UNIVERSITY FACULTY OF LAW
LE VAN LUAT
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PRINCIPLE OF CRIMINAL LAW'S TORT LIABILITY
DOCTORAL THESIS IN LAW
Hanoi -2014
HANOI NATIONAL UNIVERSITY FACULTY OF LAW
LE VAN LUAT
PRINCIPLE OF CRIMINAL LAW'S TORT LIABILITY
Major: Criminal Law.
Code: 62 38 40 01
DOCTORAL THESIS IN LAW
Scientific supervisor: 1. Prof. Dr. Le Van Cam.
2. Dr. Pham Manh Hung.
Hanoi -2014
COMMITMENT
I hereby declare that this is my own research work. The data presented in the Thesis are true. The scientific conclusions of the Thesis have never been published in any other work.
THESIS AUTHOR
Le Van Luat
Thank you
I would like to sincerely thank all the teachers working and teaching at the Faculty of Law, Vietnam National University, Hanoi, for their attention and support in helping me complete this research work.
In particular, I would like to sincerely thank the teachers: Professor, Dr. Le Van Cam and Dr. Pham Manh Hung, who directly and enthusiastically guided and helped me during the research process.
Thank you, Teacher, Lieutenant General Tran Van Do - Associate Professor, Doctor, Deputy Chief Justice of the Supreme People's Court, Chief Justice of the Central Military Court for your attention and help during the research of this topic.
I would like to express my gratitude for the sincere encouragement and support of friends, colleagues and family.
ABBREVIATIONS IN THE THESIS
1. BLHS: Criminal Code.
2. BLTTHS: Criminal Procedure Code.
3. BCT: Politburo.
4. Socialism: Socialism.
5. CTTP: Crime composition.
6. CT: Directive
7. Council of Judges: Council of Judges.
8. LHS: Criminal Law.
9. Resolution: Resolution
10. NCPL: Legal research
11. PLHS: Criminal law.
12. QH: National Assembly
13. SL : Decree
14. TAND: People's Court.
15. Supreme People's Court: Supreme People's Court.
16. TNHS: Criminal responsibility.
17. TTg: Prime Minister
18. VKS: Procuracy.
19. Supreme People's Procuracy: Supreme People's Procuracy.
20. Socialist: Socialism.
INTRODUCTION
INDEX
Chapter 1
GENERAL ISSUES ON THE PRINCIPLE OF TORTUOUS LIABILITY IN VIETNAM'S CRIMINAL LAW
1.1. Some theoretical issues on criminal errors 14
1.1.1. The nature and concept of criminal error 14
1.1.2. Basic content and conditions of criminal offenses 23
1.1.3. Forms and types of criminal errors 31
1.2. Concept, content and meaning of the principle of liability due to fault in Vietnamese Criminal Law 44
1.2.1. Concept of the principle of liability due to fault in Vietnamese Criminal Law 44
1.2.2. Basic content of the principle of liability due to fault in Vietnamese Criminal Law 51
1.2.3. The meaning of the principle of liability due to fault in Vietnamese Criminal Law 52
1.3. The relationship between the principle of liability due to fault and other principles of the Criminal Law 54
1.3.1. The relationship between the principle of liability due to fault and the principle of socialist legality. 55
1.3.2. The relationship between the principle of liability due to fault and the principle of socialist humanitarianism. 57
1.3.3. The relationship between the principle of liability due to fault and the principle of socialist justice. 60
1.4. Overview of the manifestation of the principle of liability due to fault in Vietnamese Criminal Law before the promulgation of the 1999 Penal Code ...62
1.4.1. Overview of the manifestation of the principle of liability due to fault in Vietnamese Criminal Law during the Feudal period 64
1.4.2. Overview of the manifestation of the principle of liability due to fault in Vietnamese Criminal Law after the August Revolution 1945 66
1.4.3. Overview of the manifestation of the principle of liability due to fault in Vietnamese Criminal Law after 1985 68
Chapter 2
THE REPRESENTATION OF THE PRINCIPLE OF RESPONSIBILITY FOR FAULT IN THE 1999 VIETNAMESE CRIMINAL CODE
2.1. The manifestation of the principle of liability due to fault in the provisions of the General Part of the Penal Code 72
2.1.1. The manifestation of the principle of responsibility due to fault in the concept of crime and the characteristics of crime 72
2.1.2. The manifestation of the principle of fault liability in the classification of crimes 78
2.1.3. The expression of the principle of liability due to fault in the provisions on the basis and conditions of criminal liability. 83
2.1.4. The manifestation of the principle of liability due to fault in the provisions on circumstances excluding the criminal nature of the act 87
2.1.5. The manifestation of the principle of responsibility due to fault in the regulation of criminal liability for people who commit crimes while intoxicated by alcohol or other strong stimulants. 96
2.1.6. The manifestation of the principle of responsibility due to fault in the regulation of the stages of committing a crime and complicity 102
2.1.7. The manifestation of the principle of responsibility due to fault in the regulation of aggravating and mitigating circumstances of criminal liability, recidivism, and dangerous recidivism 113
2.2. The manifestation of the principle of responsibility due to fault in the provisions on the elements of crime of the Penal Code 120
2.2.1. The position of the fault in the elements constituting the crime 120
2.2.2. The manifestation of the principle of responsibility due to fault in the construction of specific CTTPs in the Crimes Section of the Penal Code. 124
Chapter 3
TRIAL PRACTICE AND IMPROVEMENT OF THE 1999 VIETNAM CRIMINAL CODE
GUARANTEE THE PRINCIPLE OF LIABILITY FOR LHS'S FAULT
3.1. Trial practice and the issue of perfecting criminal law to ensure the principle of liability due to fault of the Criminal Code 137
3.2. The limitations of the 1999 Penal Code need to be overcome to ensure the principle of liability due to fault of the Penal Code. 151
3.3. Viewpoints on perfection and proposals for perfection of the Penal Code to ensure the principle of liability due to fault of the Penal Code 166
GENERAL CONCLUSION 183
LIST OF REFERENCES .