Transparency and Evaluation of Transparency in the Adjudication and Exercise of the Judicial Power of the Court in Vietnam

Abstract

Recent studies have shown that alongside the implementation of transparency, the evaluation of transparency in the adjudication and exercise of the judicial power of the court is an objective requirement for a rule-of-law country. However, each form of organization of judicial power and each design of the court system have a different approach to the evaluation of the transparency in the adjudication and exercise of the judicial power. Therefore, aside from the common ground that is acknowledging the importance of the evaluation of  transparency in the adjudication and exercise of the judicial power, the purpose, mechanism, method, and criteria for evaluation vary in accordance to each country, each historical period. The judicial reform in Vietnam requires for evaluation of transparency in the adjudication and exercise of the judicial power of the court. Initial steps have been made to perform evaluation to a certain extent, however this has proven insufficient for the goal to “build a clean, strong, just, democratic, and step-by-step modernized judicial system to serve the people, to serve the Socialist Republic of Vietnam”. For this reason, this paper aims to clarify the theoretical and practical foundation of transparency and evaluation of transparency in the adjudication and exercise of the judicial power in Vietnam under the human rights-based approach, the dialectical materialism approach, and scientific research methods, among which the comparative law method is emphasized.