MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE
HANOI LAW UNIVERSITY
DINH HOANG QUANG
THEORETICAL AND PRACTICAL ISSUES
ON THE PROSECUTION OF
IMPRISONMENT EXECUTION IN VIETNAM
Major: Criminal and criminal procedure law
Code: 9.38.01.04
SUMMARY OF DOCTORAL THESIS IN LAW
HANOI – 2020
The thesis has been completed at:
HANOI LAW UNIVERSITY
Science superviors:
1. Prof. Dr.Sc. Le Van Cam
2. Ass.Prof. PhD. Do Thi Phuong
Reviewer 1 :
Reviewer 2 :
Reviewer 3 :
The doctoral thesis will be examined by Examination Board at Hanoi
Law University
dated …………..
The thesis can be found at:
1) National Library of Vietnam
2) Library of Hanoi Law University
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INTRODUCTION
Execution of imprisonment sentences plays an important role in
ensuring that the Court judgments and decisions are actually enforced. In
Vietnam, the mechanism for direct, regular and highly professional
supervision of imprisonment execution belongs to the prosecution of
imprisonment execution of the People's Procuracy. The prosecution of
imprisonment execution are recognised and guaranteed in practice by
Vietnamese law. However, the reality shows a number of limitations in
conducting that regulations which do not meet the requirements.
Over the years, studying on prosecution of imprisonment execution
has been paid much attention that lead to many research; however, there
has been not an in-depth and comprehensive research on the presecution of
imprisonment execution from theoretical, legal and practical perspectives.
Therefore, that the law doctoral thesis "Theoretical and practical issues
on the prosecution of imprisonment execution in Vietnam" aims to
clarify the theoretical issues and evaluates legal reality to propose solutions
to improve the quality of the prosecution of imprisonment execution is an
essensial matter both in theoretical and practical perspectives
The thesis’s purposes are to propose solutions to improve the quality
of the prosecution of imprisonment execution from the study of theory,
legal and practice in Vietnam as following: Clarifying the concept,
characteristics, content of the prosecution of imprisonment execution in
Vietnam; Distinguishing the prosecution of imprisonment execution from
other forms of inspection and supervision; Analyzing the factors affecting
the quality of the prosecution of imprisonment execution; Analyzing and
assessing Vietnamese provisions on the prosecution of imprisonment
execution; Clarifying the reality of law implementation of the prosecution
of imprisonment execution and presenting reasons for the limitations and
shortcomings of this work; Assessing the requirements of improving the
quality of the prosecution of imprisonment execution and proposing
solutions to improve the quality of that work in Vietnam.
The thesis objects are theoretical, legal and practical matters in the
prosecution of imprisonment execution. The scope of the thesis is the
prosecution of imprisonment execution of the People's Procuracies, which
are carried out from the time the Court judgments or decisions take legal
effect until the termination of imprisonment execution. In particular, this
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thesis studies theoretical issues in Vietnamese legal science and other
countries’ that own similar Procuracy model to Vietnam on the prosecution
of imprisonment execution. From criminal and criminal procedure law
perspectives, the thesis also concentrates on practical matters in the
prosecution of imprisonment execution in our nation from 2010 to 2019,
except for suspended sentence; the prosecution of imprisonment execution
involving foreign elements; granted amnesty; the statute for serving
imprisonment sentences, clearing criminal records and the army.
The thesis applies Marxist - Leninist methodology on the popular
relationship, Ho Chi Minh thought on the State and laws, the views of the
Communist Party of Vietnam on human rights, on judicial reform strategy,
on formulating a socialist rule-of-law State and international legal values
on prosecution of imprisonment execution. At the same time, the author
uses other specialized scientific research methods such as analysis,
synthesis, comparison, history, statistics, sociological investigation to
clarify research issues.
Scientific and practical significance of the thesis:
- The thesis is the first scientific work at doctoral thesis level after
the 2015 Criminal Procedure Code and the 2019 Law on execution of
Criminal Judgments come into force which directly and systematically
research on prosecution of imprisonment execution. The scientific
arguments on the concept, characteristics, content of prosecution of
imprisonment execution and other research results of the thesis contribute
to supplementing and perfecting the scientific theories on prosecution of
imprisonment execution.
- Scientific arguments in analyzing laws, requirements and solutions
to improve the quality of prosecution of imprisonment execution
mentioned in the thesis contribute practically and solve the current issues
in formulating and enforcing Vietnamese law in the judicial reform
strategy, concretizes the provisions of the Constitution, formulate and
perfect the legal system, including the Vietnamese law on prosecution of
imprisonment execution.
- The thesis is a practical reference in researching, teaching,
developing and enforcing Vietnamese law on prosecution of imprisonment
execution.
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In addition to the introduction, an overview of the research issue,
conclusions, list of references and appendices, the research findings section of
the thesis consists of 3 chapters:
Chapter 1: Theoretical issues on prosecution of imprisonment execution.
Chapter 2: Vietnamese law on prosecution of imprisonment execution
and the practical implementation.
Chapter 3: Requirements and solutions to improve the quality of
prosecution of imprisonment execution in Vietnam.
