Policy on the Implementation of the Law on Execution of Criminal Judgments - Some the Oretical Issues

Abstract

Policy on the law on execution of criminal judgments is an area of criminal policy that has a tremendous role in preventing and fighting crimes as well as in actualizing the criminal liability of legal entities and natural persons committing crimes. Studying the policy on the law on execution of criminal judgments, therefore, is an urgent requirement in the current period of national development, international integration and judicial reform. Nevertheless, comparing to studies in the criminal field, in criminal procedure and crime prevention fields, policy studies on the law on execution of criminal judgments stay rather modest and have not yet met theoretical and practical requirements. To contribute to remedy this situation, this paper will focus on clarifying certain theoretical issues on the policy on the law on execution of criminal judgments so as to somewhat answer the questions below: (i) What’s the current progress of research on the policy on the law on execution of criminal judgments in Vietnam? On what the level? And what are the issues that need to be addressed to continue study? (ii) Definition, nature and characteristics of the policy on the law on execution of criminal judgments? (iii) Policy on the law on execution of criminal needs to be developed on which basis? Subjects and methods for developing the policy on the law on execution of criminal judgments? (iv) Policy on the law on execution of criminal judgments needs to englobe which issues? (v) What’s the relation between the policy on the law on execution of criminal judgments and the development and implementation of the law on execution of criminal judgments?

            To study these issues, the author use methods of analysis, comparison and synthesis under the foundation of the dialectical method and the human rights-based approach to put research issues in connection with growth and development on the basis of respecting, guaranteeing, protecting human rights in the field of execution of criminal judgments.

Keywords: Policy, Law, Execution of criminal judgments, Law on execution of criminal judgments, Implementation of the Law on execution of criminal judgments.

References:

[1] Le Van Cam (2009), The judicial system in the development period of the rule-of-law state (monograph), VNU Publishing House, Hanoi (in Vietnamese).
[2] Ho Trong Ngu (2002), Certain fundamental issues on criminal policy under the Resolution of the IX National Congress of the Communist Party of Vietnam, National Political Publishing House, Hanoi (in Vietnamese).
[3] Pham Van Loi (chief editor) (2007), Vietnam’s criminal policy in the Renovation Period, Judicial Publishing House, Hanoi (in Vietnamese).
[4] People’s Police Academy (2016), Law on Execution of Criminal Judgments and Judicial Assistance (textbook), NXB (in Vietnamese).
[5] Social Science Institute - Vietnam Academy of Social Sciences (2014), Law on Execution of Criminal Judgments (textbook), NXB (in Vietnamese).
[6] Vo Khang Vinh, “General theoretical issues on the execution of criminal jugdments policy”, Execution of criminal judgments policy: Urgent theoretical and practical issues (Conference proceedings), Social Science Institute (Vietnam Academy of Social Sciences), Hanoi, 4/2019 (in Vietnamese).
[7] Political Bureau (2002), Resolution no. 08-NQ/TW in 2002 on “Forthcoming Principal Judiciary Tasks”, January 02, 2002 (in Vietnamese).
[8] Vietnam’s Encyclopedia Editorial Board (1995), Encyclopedia Dictionary of Vietnam, Vietnam’s Encyclopedia Publishing House, Hanoi (in Vietnamese).
[9] Dao Tri Uc (2015), Rule-of-law state (textbook), VNU Publishing House, Hanoi (in Vietnamese).
[10] Dao Tri Uc (1994), Criminology, Criminal Law and Criminal Procedure Law of Vietnam, National Political Publishing House, Hanoi (in Vietnamese).
[11] Vu Cong Giao, Ngo Minh Huong (chief editors) (2016), Human rights-based approach – Theoretical and practical issues (monograph), VNU Publishing House, Hanoi (in Vietnamese).