VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L
TRUONG DUC THUAN
IMPOSING PENALTIES UNDER VIETNAMESE
CRIMINAL LAW – A CASE STUDY OF MILITARY
COURTS
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
Supervisor: Assoc. Prof. Dr. Tran Van Do
Reviewer 1: Prof. Dr. Bui Minh Thanh
Reviewer 2: Assoc. Prof. Dr. Tran Dinh Nha
Reviewer 3: Dr. Pham Minh Tuyen
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:
- Vietnam National Library;
- Graduate Academy of Social SciencesLibrary
INTRODUCTION
1. The necessity of the research topic
In recent years, the Court’s hearing capacity is still limited and defected,
leading to a case must go through many levels of trial and many times. In
fact, the imposition of penalties also shows the inadequacies and limitations
of our country’s legal regulations that affecting the effectiveness of
penalties. In general, cases are tried by Military Courts (MCs) have
imposed penalties corresponding to nature and seriousness of offenders, not
only have a general effect of deterrent, education and prevention for the
armed forces but also have a profound effect to the people in general.
Currently, Vietnam’s MCs have their own powers when dealing with
criminal cases. The rightimposition of penalties under the provisions of the
criminal law will ensure the Vietnamese Army’s power to protect the
independence, sovereignty, territorial integrity and socialist regime.
Therefore, it is necessary to have a comprehensive, systematic study on the
imposition of penalties in both theory and practice so as to propose basic
solutions to solve problems arising from practice of imposing penalties, and
enhancing the quality of imposing penalties through hearing of MCs in
particular and the People’s Courts in general; completing the provisions of
criminal law on imposing penalties.
Therefore, the author chooses the research titled“Imposing penalties
under Vietnamese criminal law- A case study of Military Courts” as his
doctoral dissertation in law.
2. Research purpose and tasks
2.1. Research purpose
The dissertation aims to examine comprehensively and systematically
theoretical basis on imposing penalties; assessing the imposition of
penalties of MCs so as to give methodological and theoretical conclusions
on the imposition of penalties and propose solutions to improve criminal
law, and improving the quality of imposing penalties.
2.2. Research tasks
Collecting and systematizing scientific research works on the imposition
of penalties and other relevant issues. Interpreting common theoretical
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issues on imposing penalties and proposing solutions to improve the quality
of imposing penalties.
3. Research subject and scope
3.1. Research subject
The research subject of the dissertation is the theoretical issues related to
imposing penalties and practices of imposing penalties of MCs in Vietnam.
3.2. Research scope
The dissertation analyzes the provisions of the existing criminal law of
Vietnam and the imposition of penalties at MCs within 10 years (2009-
2018).
The 2015 Penal Code has just stipulated criminal liability for
commercial legal entities committing crimes.Due to the characteristics of
the military, the dissertationjust studies the imposition of penalties for
individuals who commit crimes.
4. Methodology and research methods
4.1. Methodology
The dissertation examines the imposition of penalties through approach
of multi-disciplinary and interdisciplinary of social sciences and law along
with theoretical knowledge of legal philosophy, sociology, criminology and
psychology.
4.2. Research methods
The dissertation utilizes main methods such as synthesis, analysis,
historical method, comparative method and observation.
5. New contributions of the dissertation
Theoretical research findings and proposed solutions are the main
contributions of the dissertation. The dissertation seeks to analyze
comprehensively and systematically imposition of penalties, set up a basic
theoretical framework on imposing penalties and assessing the practice of
imposing penalties as well as pointing out limitations and obstacles when
applying penalties and then it proposes some solutions to contribute to
complete criminal policies and laws so as to improve the quality of imposing
penalties.
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6. Theoretical and practical significance of the dissertation
6.1. Theoretically
The dissertation is a comprehensive and systematic research work on
imposition of penalties. The research findings contribute to enrich
knowledge of imposing penalties; establishing a new research direction on
imposition of penalties into a necessary scientific content to build and
complete criminal law.
6.2. Practically
The research findings of the dissertation can be used to assess the impact
of imposing penalties on the criminal policy in our country today, the
development of penalties in the Penal Code and efficiency of each type of
penalty so as to overcome mistakes in imposing penalties and crime
prevention. It is considered the basis for further building orientations and
solutions to improve the quality of imposing penalties in judicial reform and
international integration today. The dissertation can be seen as reference for
researching, teaching and studying criminal law and professional works in
the fields of criminal procedures.
7. Structure of the dissertation
Besides the introduction and conclusion, references and appendix, the
dissertation includes 4 chapters, 10 sections and sub-sections.
Chapter 1
LITERATURE REVIEW
1.1. Foreign research situation
By reviewing abroad literature, the study has built the following
methodological arguments: it points out necessary scientific bases to
conduct a new and comprehensive research direction on imposition of
penalties. Recognizing how the importance of punishments and imposing
penalties impact on social life, as well as the development trend of the
punishment systems and applying them for practical social life of each
country so as to further open a comprehensive and intensive research
direction on imposition of penalties.
1.2. Domestic research situation
