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STATE Organization Legislative power issue laws (Lập pháp) Executive power enforce laws (Hành pháp) (bắt buộc phải nghe) Judicial power interpret adjudicate disputes (Xét xử) Pham Nhat Khanh Chi Abs.
Organization STATE Political Power Legislative power: issue laws (Lập pháp) Executive power: enforce laws (Hành pháp) (bắt buộc phải nghe) Govern Society within the certain territory Judicial power: interpret & adjudicate disputes (Xét xử) Forms Monarchy (king/queen) Limited/ Constitutional: Absolute: all state powers belong to king/queen (ex: Brunei, Oman ) - state powers belong to citizen king/queen head of the state (ex: UK, Thailand, Japan ) Parliamentary(VN): head of state # head of gov/executive body - Republic (no king/queen) People -> Parliament Parliament -> State organs Presidential(US): head of state = head of gov/executive body - People -> Parliament & President President -> Cabinets Semi-presidential(Russia, France): head of state = head of gov/executive body Pham Nhat Khanh Chi - People -> Parliament & President - Parliament -> Cabinets 1 When mention is made to a state, we are referring to _ A The organizations holding state power B The territory C The people with the territory D All of above 2 State power includes A Executive power B Legislative power C Judicial power D All of above 3 is a form of state in which state power belongs to the people, and the head of state and the head of government are separate A Absolute monarchy B Limited monarchy C Parliamentary republic D Presidential republic LAW How to perform law (ngành luật, Vn có 12 ngành luật, ex: civil law, labor law,) (Base on legal norms) A system of rules/ guidelines + issued/recognized by state - Law branches Legal institutions Fail to perform law Liability capacity: age + cognition Fault (intentional or unintentional) Hypothesis: who, which, situation Violates (breach of law) - Legal norms Disposition: guidelines-how to act rightly Statutes (legal Civil law system (VN, documents)Sanction: consequences France ) Judicial precedent (court judgements) (Where we can find the law form) Forms Pham Nhat Khanh Chi Customs Common law system (US,UK ) Always exist Sanctions Civil law -> Civil sanction (fine, compensation ) Administrative law -> Administrative sanction (fine, ) Criminal law -> Criminal sanction (jails, ) Labor law -> Labor discipline (fire, ) “Everyone has the obligation to pay taxes in accordance with the law” Hypothesis: everyone Disposition: has the obligation to pay taxes in accordance with the law “Anyone who unintentionally causes the death of another person shall be sentenced to between 6 months and five years of imprisonment” Hypothesis: Anyone who unintentionally causes the death of another person Disposition: Không được nêu rõ và ở dạng quy định ngầm => Quy định trong trường hợp này là không được vô tình gây ra cái chết của người khác Sanction: shall be sentenced to between 6 months and five years of imprisonment Disposition can imply in Hypothesis “Any person who manufactures or deals in counterfeit medicines for treatment or prevention of diseases shall face a penalty of 02 07 years' imprisonment.” Hypothesis: Any person who manufactures or deals in counterfeit medicines for treatment or prevention of diseases Disposition: Không được nêu rõ và ở dạng quy định ngầm => Quy định trong trường hợp này là không được buôn bán thuốc giả để chữa hay phòng bệnh Sanction: shall face a penalty of 02 - 07 years' imprisonment “Before overtaking, a vehicle shall give a signal by means of light or horn; from 22.00 hrs to 5.00 hrs in urban centers & populous areas, only light signals can be used for this purpose” Hypothesis: Before overtaking, a vehicle Disposition: shall give a signal by means of light or horn; from 22.00 hrs to 5.00 hrs in urban centers & populous areas, only light signals can be used for this purpose Pham Nhat Khanh Chi CONSTITUTION • Legislative: issue (NA) State powers Supreme law - Other laws have to details the rules Other laws have to comply with the rules All people have to comply with the rules Fundamental rules Citizen’s rights & obligations State organs • Judicial: interpret, adjudicate (court, prosecutions) State CENTRAL LEVEL Pham Pham Nhat Nhat Khanh Khanh ChiChi • Executive: enforce (Gov) LOCAL LEVEL Citizens: >= 18 elect NA Elect Local people: >= 18 elect people’s council CENTRAL LEVEL Issue decision to appoint/ approve result National Assembly Pay salary Supervise & discuss Standing Committees of NA Report National President Prosecutions Government Court LOCAL LEVEL People’s council Elect at the same level People’s committees Government National President (NA’s member) Prosecutions Provincial people council -> Provincial people’s committees Court Executive body of NA Head of the state Notes Head of government: Prime Minister StateState judicial (supervise courts, prosecute criminals ) District people council -> District people’s committees judicial bodybody (adjudicate disputes) People’s committeesVN & Promulgate/Announce law, constitutions & ordinances Represent Highest executive body /first state administrative bodycourts 2 levels 4 structures: supreme, high, provincial & district of adjudication: instance and appellate People’s council Grant Highest state power => citizens pardon Commune people council ->+ Commune people’s committees National Assembly Standing Committees of of NAlocal people’s council (NA) Executive body Government cabinets: prime minister 4 district vice-prime minister +18 4 structures: Protect the socialist legislation, the regime, human supreme, high, provincial &socialist Highest state power Duration: follows the body/organs NA’s duration=> National Assembly Local state power body body Local administrative organs + 4socialist minister-levels ministers Protect legislation, the socialist regime, human and andthe citizenship rights Legislative Communist Party doesn’t have state power Permanent bodybody of local Representative people draft the law Highest representative body of people citizenship rights Interpret laws, constitutions & ordinances Supervise compliance with the constitution and law in its locality Pham Nhat Khanh Chi Distinguish Amnesty Pardon (General amnesty) (Special amnesty) Amnesty & Pardon Authority National Assembly National President Subject Group of crimes Specific individuals (all individuals in that group) When granted Before or after convicted by a final judgement After convicted by a final judgement Legal outcome Individuals will no longer be criminals and have no criminal records Criminal record of individuals will not be wiped Nature Absolution and forgetfulness of an offence Release from prisons ahead of time people serving imprisonment penalty Pham Nhat Khanh Chi 4 head of ministerial level agencies 18 Ministers or Ministry of National Defense Ministry of Public Security (bộ công an) Ministry of Foreign Affairs Ministry of Justice Ministry of Finance Ministry of Transport Ministry of Construction Ministry of Education and Training Ministry of Agriculture and Rural Development Ministry of Industry and Trade Ministry of Planning and Investment Ministry of Health Ministry of Science and Technology Ministry of Natural Resources and Environment Ministry of Information and Communications Ministry of Home Affairs Ministry of Labor, War Invalids and Social Affairs Ministry of Culture, Sports and Tourism Pham Nhat Khanh Chi Government Inspectorate (Thanh tra chính phủ) State Bank of Viet Nam (Ngân hàng nhà nước VN) Committee on Ethnic Minority Affairs (Uỷ ban dân tộc) Government Office (Văn phòng chính phủ) Pham Nhat Khanh Chi ADMINISTRATIVE • State organ – State organ ( Gov- People’s committees) One site has state power Only govern Content: State administrative management activities LAW • State organ – People (administrative organs - citizens) • Inside state organ (prime minister- ministry of transport) Administrative Relations Fail to perform administrative law (not a crime) Handle Administrative Organization Nature: Command - obedient Individual Liability capacity: Age + Cognition Violation All violation Cognition: no mental issues Age: At fault Be aware or have to be aware of your acts >=12- =14 - =16: all violation Bear Liability Administrative violation Not fall under exceptional cases Administrative handling measures(*) Sanctionsv (for Vietnamese people only) Pham Nhat Khanh Chi • Caution • Emergency: violate law to prevent damages threatening • Fine >= 16 • Unexpected event: sudden event caused violations • Deprive license • Force majeure event:vehicles happened event, violate to save your time • Confiscate Remedial Administrative sanctions • Legitimate defense foreigners Principle • Expulsion: measures Principle/additional ADMINISTRATIVE HANDLING MEASURES(*) Forms Education At Commune Reformatory Center Principle apply for individuals violating legal regulations on security, order and social safety Subject ≥ 12 ≥12 - due to negligence Pham Nhat Khanh Chi Crimes Liability Unexpected events Other cases in Art.29 Not fall under exceptional cases Fine Suspension of operation (temporary) Shutdown(permanent) Punishment Organization Individual Caution (less serious) Fine (less serious) >= 16 >=14-=16-=18: full penalty – max 20 years ( for 1 crime) & max 30 years (for many crimes) Life imprisonment (not juvenile < 18 ) Death penalty (not for pregnant, woman is nursing < 36-months old baby, juvenile = 75 years old, person who corrupted but return 3/4 of the corrupted property) Non-custodial reform Pham Nhat Khanh Chi Type of crime Time of imprisonment 7 years 3 years 15 years Less serious Serious Very serious Time limit of prosecute: Less serious: 5 years Serious: 10 years Very serious: 15 years Extremely/ particularly serious, life imprisonment, death penalties: 20 years Note: Extremely serious - The time limit is not applicable for crimes listed at Article 28, the penal code 2015 1 What of the following may be a crime? A A 14-year-old boy had sexual intercourse with a 12-year-old girl B As requested, a 45-year-old woman bought some sleeping pills for her close friend to committee a suicide C A 25-year-old man who has Down syndrome killed his wife D None of the above Pham2 Nhat Khanh Which of Chi the following may bear criminal liability for the crime? A A 35-year-old woman who swapped her two-year-old daughter with her friend’s two-year-old son B An organization which spread false information to make their competitor’s business go down C A 13-year-old boy transported 5 million dong of fake money D None of the above 3 Who of the following will not be subject to a death penalty? A A 34-year-old woman nursing a 4-year-old toddler B A 79-year-old man C A full 18-year-old boy D All of the above Case study: On 29/10/2016, Quan 17 y.o, asked to borrow from his brother, Thang, 14 y.o, a motorbike after a party Thang agreed to let Quan use his motorbike but he requested Quan to return it early Quan was not happy with Thang’s request They had arguments In the heat of passion, Quan picked up a knife from his house to threaten Thang After being dissuaded by their relatives, Quan and Thang went back to their homes When arriving at home, Thang heard his girlfriend screaming as Quan threatened to kill her Thang then picked up a stick on the floor and hit Quan’s head until he passed out and walked away When Thang came back to check on Quan, he found Quan dead Which fault does Thang commit in this case? Answer: Indirect Intentional 1 Which kind of fault does Chinh commit in this case? a Direct intentional fault b Indirect intentional fault c Unintentional fault due to overconfidence d Unintentional fault due to negligence 2 Which crime does Chinh commit in this case? a The crime regulated in article 123 of the penal code 2015 b The crime regulated in article 125 of the penal code 2015 c The crime regulated in article 126 of the penal code 2015 d The crime regulated in article 128 of the penal code 2015 3 Which type of crime does Chinh commit in this case? a A less serious crime b A serious crime c A very serious crime d An extremely serious crime 4 What is the maximum penalty which Chinh may face if he is 76 years old? a Life imprisonment b 15 years of imprisonment c 3 years of imprisonment d 2 years of imprisonment 5 What is the time limit to prosecute Chinh’s liability? a 5 years b 10 years c 15 years d 20 years Article 123 Murder 1 A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death: a) Murder of 02 or more people; b) Murder of a person aged under 16; c) Murder of a woman with the full knowledge of her pregnancy; d) Murder of a law enforcement officer in performance of his/her official duties or murder of a person because of his/her official duties; dd) Murder of the murderer's grandparent, parent, caregiver or teacher; e) Murder committed right before or after committing a very serious crime or extremely serious crime; g) Murder for the commission or concealment of another crime; g) Murder for taking the victim's body parts; i) Brutal murder; k) Murder by taking advantage of the murderer's profession; l) Murder using a method capable of killing many people; m) Contract killing; n) Murder of a gangster-like nature; o) Organized murder; p) Dangerous recidivism; q) Murder from despicable motives 2 Murder in circumstances other than those specified in Clause 1 of this Article carries a penalty of 07 - 15 years' imprisonment 3 Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment 4 The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years, face mandatory supervision or prohibition from residence for 01 - 05 years Article 125 Manslaughter under provocation 1 Any person who commits manslaughter under provocation because of the victim's serious illegal actions against the perpetrator or the perpetrator’s family shall face a penalty of 06 - 36 months' imprisonment 2 The manslaughter of 02 or more people under provocation carries a penalty of 03 - 07 years' imprisonment Article 126 Involuntary manslaughter because of the use of unjustified force in self-defense or while capturing a criminal 1 An involuntary manslaughter because of the use of unjustified force in self-defense or while capturing a criminal carries a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment 2 The involuntary manslaughter of 02 or more people in this case carries a penalty of 02 - 05 years' imprisonment Article 128 Involuntary manslaughter 1 A person who commits an involuntary manslaughter shall face a penalty of up to 03 years' community sentence or 01 - 5 years' imprisonment 2 This offence carries a penalty of 03 - 10 years' imprisonment if it results in the death of 02 or more people ... có 12 ngành luật, ex: civil law, labor law,) (Base on legal norms) A system of rules/ guidelines + issued/recognized by state - Law branches Legal institutions Fail to perform law Liability capacity:... unintentional) Hypothesis: who, which, situation Violates (breach of law) - Legal norms Disposition: guidelines-how to act rightly Statutes (legal Civil law system (VN, documents)Sanction: consequences France... (Uỷ ban dân tộc) Government Office (Văn phịng phủ) Organs have the right to issue legal documents State bodies Legal documents National assembly Constitution, Act, Resolution (hiến pháp, luật,