VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L
PHAM VAN TUYEN
THE QUALITY OF FIRST-INSTANCE TRIAL FOR
CRIMINAL CASES IN HAI DUONG PROVINCE
Major: Criminal Law and Criminal Procedure
Major code: 9.38.01.04
S UMMARY OF THE DOCTORAL DISSERTATION
IN LAW
Hanoi - 2021
The dissertation completed at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences
Supervisor: Assoc. Prof. Dr. Nguyen Tat Vien
Reviewer 1: Assoc. Prof. Dr. Tran Van Do
Reviewer 2:Assoc. Prof. Dr. Tran Van Luyen
Reviewer 3: Assoc. Prof. Dr. Hoang Thi Minh Son
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 2021
The dissertation may be found at:
- Vietnam National Library;
- Graduate Academy of Social Sciences Library
1
INTRODUCTION
1. The necessity of the research topic
Trial is a key mission of judicial activities and the Court holds a central
position in the system of judicial agencies. Through trial, the Court plays an
important role in protecting justice, human rights, legitimate rights and
interests of the state and the people. In the criminal field, the Court is the
only institution that having jurisdiction to hear a person charged with
committing a crime and penalty. With such importance, assurance of trial
quality is an essential requirement. Particularly, first-instance trial for
criminal case is the opening stage for the whole trial activity, all matters
related to the case are considered and decided by the Court, thus ensuring
trial quality for criminal cases is the first requirement for first-instance trial.
A first-instance judgment is tried objectively, comprehensively, properly by
the law will reduce the rate of appeals and protests under the appellate
order, contributing to reducing costs and creating the people’s trust towards
the Court.
Assessing the court performance, of which trial is a key activity, aims to
create a basis for ensuring trial quality is always one of the leading concerns
in Vietnam. The Politburo Resolution No. 08/NQ-TW dated January 20,
2002 and Resolution No. 49/NQ-TW dated June 2, 2005 set out key
requirements and tasks of hearing, accordingly, the Court must ensure that
all citizens are equal to the law, really democracy, objectiveness, and make
judgements and decisions in accordance with the law, convincingly, within
the allotted time.
Examining comprehensively and systematically trial quality by specific
criteria so as to propose solutions to ensure and improve the quality of trial
for criminal cases, in which, the quality of first-instance trial for criminal
cases is an urgent requirement. To address this important task, the author
has conducted the research titled “The quality of first-instance trial for
criminal cases in Hai Duong province”.
2. Research purpose and tasks
2.1. Research purpose
2
The dissertation presents scientific arguments on the quality of first-
instance trial for criminal cases and identifies criteria and factors affecting
the quality of first-instance trial for criminal cases. It also analyzes and
evaluates the current state of the quality of first-instance trial for criminal
cases through the trial practice of two-level People’s Courts in Hai Duong
province, thenceforth, it proposes solutions to ensure and improve the
quality of first-instance trial for criminal cases.
2.2. Research tasks
The dissertation aims to systematize theoretical awareness of the trial
and trial quality, thenceforth, it clarifies the basic theoretical issues on the
quality of first-instance trial for criminal cases; to analyze legal regulations
related to the quality of first-instance trial for criminal cases; to assess the
quality of first-instance trial for criminal cases through the trial practice of
two-level People’s Courts in Hai Duong province; to propose solutions to
ensure and improve the quality of first-instance trial for criminal cases.
3. Research subject and scope
3.1. Research subject: the theoretical issues on the quality of first-
instance trial for criminal cases, the current state of the law and the trial
practice of two-level People’s Courts in Hai Duong province.
3.2. Research scope
- Regarding contents: the research scope for “first-instance trial for
criminal cases” is the activity conducted by the People’s Court (without the
Military Court). The dissertation just approaches the quality of first-
instance trial for criminal cases from the provisions of the criminal law and
criminal procedure.
- Regarding time and space: the dissertation examines regulations related to
the quality of first-instance trial for criminal cases of the People’s Court in the
Criminal Code 2015 and the Criminal Procedure Code 2015, and the guiding
documents comparing with regulations of the Criminal Code 1999 and the
Criminal Procedure Code 2003. Statistics from 2011 to 2019.
4. Methodology and research methods
3
The dissertation is based on the methodology of dialectical materialism
and historical materialism, Ho Chi Minh's thoughts on the state and law, the
Party and State’s viewpoints on building a socialist rule-of-law State.
Specific research methods include:
- The study utilizes methods of analysis, synthesis and systematics to
analyze and present the concepts of trial quality, the quality of first-instance
trial for criminal cases; to identify factors affecting the quality of first-
instance trial for criminal cases, as well as principles, criteria, factors
affecting the quality of first-instance trial for criminal cases.
- Method of comparative jurisprudence is used to examine experiences
of countries around the world in order to identify content of the concept of
the quality of first-instance trial for criminal cases and criteria for the
quality of first-instance trial for criminal cases.
- Methods of discussion, interview with experts and analysis are used to
identify requirements of improving the quality of first-instance trial for
criminal cases.
- Methods of practical survey, case studies, statistics of competent state
agencies are used to evaluate major results reflecting the quality of first-
instance trial for criminal cases.
- Research methods can be used intermittently and approach multi-
disciplinary and interdisciplinary.
5. New contributions of the dissertation
On the basis of systematizing scientific viewpoints on the quality of
first-instance trial for criminal cases, the dissertation presents the concept
and criteria for the quality of first-instance trial for criminal cases, and
factors affecting the quality of first-instance trial for criminal cases in
Vietnam.
By assessing the current state of the quality of first-instance trial for
criminal cases in practice of two-level People’s Courts in Hai Duong
province, the dissertation identifies the necessary of ensuring and
improving the quality of first-instance trial for criminal cases, thenceforth,
it proposes viewpoints and solutions to improve the quality of first-instance
trial for criminal cases.
