VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L
LE HOANG TAN
CRIMES INFRINGE UPON THE MARRIAGE AND
FAMILY LAW UNDER VIETNAM’S CRIMINAL LAW
IN HO CHI MINH CITY
Major: Criminal Law and Criminal Procedure
Major code: 9.38.01.04
SUMMARY OF THE DOCTORAL DISSERTATION
IN LAW
Hanoi - 2020
The dissertation completed at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences
Supervisors: Assoc. Prof. Dr. Tran Van Do
Reviewer 1: Prof. Dr. Ho Trong Ngu
Reviewer 2: Assoc. Prof. Dr. Hoang Thi Minh Son
Reviewer 3: Dr. Lai Viet Quang
The dissertation will be defended at Graduate Academy Level Council of
dissertation assessment at Graduate Academy of Social Sciences, Vietnam
Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi.
Time: ………… date ………. month …… …year 2020
The dissertation may be found at:
- Graduate Academy of Social Sciences Library;
-Vietnam National Library
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INTRODUCTION
1. The necessity of the research topic
The State protects social relations through the law and in the
social relations, the family is always appreciated ensuring conditions
for national development as well as construction and defense of the
Fatherland.
The family as the vital cell of society, so in order to build a
developing society it is essential to focus on the healthy development
of cells and protect progressive marriage relationship.
Since ancient times, the law, ethics, and traditional custom had
also regulations in establishing behaviors for matters related to
marriage and family relationship.
In the judicial reform in our country, the Party and State always
pay attention to and appreciate policies of building and applying law,
so many resolutions have been given to meet political requirements
in the new period such as Resolution No.08/NQ-TW dated January 2,
2002 of the Politburo on “Some key judicial tasks in the coming
time”, Resolution No.48/NQ-TW dated May 24, 2005 of the
Politburo on “Strategy on building and perfecting the Vietnamese
legal system by 2010 and vision 2020” Resolution No. 49/NQ-TW
dated June 2, 2005 of and the Politburo on “Strategy for judicial
reform by 2020”.
Article 36 of the 2013 Constitution of the Socialist Republic of
Vietnam was set up to protect the marriage and family regime by the
principles of free consent, progressive union, monogamy and equality
between husband and wife, and mutual respect. The State protects
marriage and family, and protects interests of mothers and children
(106, Article 36).
The marriage and family law plays an important role in social life,
so it is protected by many different means, including the legal
measures in which criminal law plays a very important role. The
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criminal law always protects the marriage and family regime by
defining which specific acts are crimes infringe upon the marriage
and family law, and criminal penalties for the person who commits
such dangerous acts. Chapter XVII of the 2015 Penal Code, from
Article 181 to 187, specifies violations of the marriage and family
law that are considered crimes and penalties for such acts.
The Penal Code just regulates serious acts infringe upon the
marriage and family regime that can lead to death, lives, health and
property of family members and others, affect the social safety and
healthy development so as to protect the whole society including
good values of the family, legitimate rights and interests of each
family member.
This crime’s behavior not only directly violates the marriage and
family law but also causes insecurity and social safety as well as
consequences affecting other social relations that need to be protected
such as person’s property, life, honor, reputation.
Acts of violating the marriage and family legislation are
sometimes very simple but sometimes very complicated and diverse,
even very difficult to deal with ethical, administrative matters and
criminal crimes. In fact, it is necessary to have intensive and
scientific awareness of such crimes, and should have essential and
timely provisions of the law to appropriately apply them in practice.
Theoretically, however, many issues have not been fully and
intensively examined, because they have not been approached by
many different ways, especially the legal sociology approach in
general and sociology of criminal law in particular.
At present, there are many publications, documents and research
works on this crime, but there are not quantity enough and many
works are not intensive or not mention fully different types of crimes
while increasing acts of violating the marriage and family law,
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sometimes it is secret but sometimes it is public manifestation that its
consequences were strongly reacted by public opinion.
In fact, the perception of theoretical research has significantly
affected the adjustment of regulations in building law. Many
provisions of the law have not met the real life of society and the
practical application is also facing difficulties and shortcomings
because the provisions of the law are still limited and affected by
other factors.
On the other hand, in fact, there are still many obstacles in
applying the provisions of the criminal law for crimes infringe upon
the marriage and family law. For example, determining crimes,
applying rules and penalties as well as other related issues are still
limited and incomplete in the nature and extent of crimes, leading to
inaccurate condemnation, improper punishment, the judgement was
canceled, corrected or wrongly hearing or missing crimes. This
reduces the effectiveness of the method of hearing, education,
deterrence and prevention.
To protect justice, human rights and criminal justice reform by
enhancing virtuousness in dealing with crimes, it is necessary to
improve the law and give measures to improve the quality of
applying criminal law for such crimes. In order to fulfill this
requirement, it is necessary to examine deeply and fully the
theoretical aspects, legal adjustments and building and applying
criminal law for crimes infringe upon the marriage and family law.
In this sense, the author has conducted research titled “Crimes
infringe upon the marriage and family law under Vietnam’s criminal
law in Ho Chi Minh City” as his doctoral dissertation in law, continue
to study and complete the criminal law on crimes against the
marriage and family law. The study also proposes solutions to ensure
that correctly applying the law to improving efficiency of combatting
