Studied by 0 peoplesources 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
Note
Flashcard