4st state and law

8/3/2019 4st State and Law

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STATE AND LAW

Author: TA Diu Thuong, LLM

International University


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Main content - State

Theories of State emergence

Nature of the State

Functions of the State

Types of State

Socialist Republic of Vietnam


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Main content - Law

Origin, Nature and features of Law

Role and types of Law

Legal system: Legal Branches andLegal writings

Breach of law, Legal Liabilities


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TheSTATE


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Origins of the State (1)

1. Family model (Aristote, Bodin, More):family-model.

2. Religions (Luthez, Bossenet, J.Calvin):product of God, monarchy (Egypt, midle age

Europe)3. Social agreement (J.J.Roussau, J. Locke,Montesquie): agreement reached betweensocietys members


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Origins of the State (2)

4. Marxist-Leninism: socio-economicdevelopments and social class fights

5. Others: Dictatorship (invading),

physiology (since ancient time, peoplealways need a leader)

6. Modern international law Art. 1 of the

Montevideo Convention 1933.


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Origins of the State - types

Tribal group

Monarchy (Egypt)

Feudal Europe

Absolutist state

(Capitalist and Socialist)

United Nations


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Nature of the State

State:

1. Resolves matters of a civil society

2. Has national sovereignty

3. right to create and execute law (i),impose and collect taxes (ii)


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Functions and forms of the State

I. Functions:1. Internal relations

2. External relations

Create respective state apparatusII.Forms

1. Government:

2. Structural form3. Political regime


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Socialist Republic of Vietnam

1. History and nature

2. Main features

3. Functions

4. Apparatus


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TheLAW


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The LAW

LAW IS:

1. A set of rules to govern peoplesconduct of personsin any society. It

touches almost every fields of life2. Created and governed by State to

deal with social matters.

3. Binding in effect.4. Closely connected with State


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Main features of law

1.

2.

3.

4. Law is binding for everyone with anyconditions


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Role of Law

1. State uses Law to manage all fields oflife

2. ?


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Breach of law

Actions can be

In conformity with law

In contrary to law (breaches of law)Types of breach of law:

1. Criminal

2. Administrative3. Civil

4. Discipline


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Signs of breach of law

1. Actions or non-actions

2. Not in conformity with legal regulations

3. Fault

4. In full legal liability capacity


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LegalLiability

ResponsibilityNegative

Legaloutcome


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Legal system

All legal regulations:

1. Academic order; and

2. Reflected in legal texts

3. Improved with political milestones


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Branches of Law1. Constitutional Law

2. Administrative Law3. Civil Law

4. Financial Law

5. Banking Law

6. Land law

7. Labour Law

8. Trade Law

9. Marriage and Family Law10. Criminal Law

11. Civil/Criminal Procedure

12. International Law (Public Intl and Private Intl)


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Legal texts

Adopted by ..

Common behavior rule;

Strict procedure


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System of legal texts of Vietnam

Vietnam legal texts are sorted and classified byadopted body (I) AND enforcement power* (ii)

NA

President,

Govt:Prime Minister

Ministries and equivalent

Court, Prosecutor:

People Councils/CommitteesInter-ministerial


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Legal terms1. State2. Law3. Monarchy4. Internal and external relations5. Social agreement

6. Dictatorship7. Government8. Political regime9. State apparatus10. Republic

11. Democracy12. Feudal period13. Breach of law14. Legal liability

4st state and law

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