CHAP3: GENERAL MATTERS OF LAW

sources of law are divided into 2 major types:

• nguồn nội dung (the party’s policy, economics policies and legal philosophy)

  → natural law

• nguồn hỗn hợp (general legal principles, the written legal documents, international treaties, customary regulations, and judicial decisions

  → sources of law

the law created by a legislator; by an act of will of a human authority.

Positive law

Should the death penalty be abolished?

justifiable punishment for acts that infringe on the rights of others.

legally

Should the death penalty be abolished?

to bring justice to victims and their families and more importantly to prevent crime

ethically

Should the death penalty be abolished?

contributing to reducing crime, especially serious crimes, achieving the purpose of deterrence and education for society, achieving high efficiency in general prevention.

effectively

3 features of law:

popularity

strict in forms

Guaranteed by the state

On the one hand, law protects the state, on the other hand protects society (public interest).

social or class?

social

Vd: for state property, the sanctions are relatively heavy.

đối với tài sản nhà nước thì chế tài tương đối nặng.

social or class?

social

3 relationships of law with others:

economy

state

social norms

the concept of sources of law:

all basic elements used by authorized entities for developing, promulgating, and interpreting laws as well as for application in dealing with specific case in practices

primary sources of law include:

Legal documents

Customary regulations

Judicial precedents

(judgment) are arguments and rulings written on effective judgments or decisions to study and adopt them when deciding later cases.

Legal documents or Customary regulations or Judicial precedents or International treaties/Conventions?

Judicial precedents

It is different from the common law in other countries in that only the precedents selected by the _________ are the source of the laws in Vietnam.

CJSPC (Chief Justice of the Supreme People’s Court)

In general, Vietnam often interprets international treaties as domestic laws as a way of implementing international treaties in Vietnam

Legal documents or Customary regulations or Judicial precedents or International treaties?

International treaties

E.g.

the law on the anti-corruption of Vietnam in 2009 interprets the regulations of UNCAC.

Legal documents or Customary regulations or Judicial precedents or International treaties?

International treaties