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STATE AND LAW

Author: TA Diu Thuong, LLM International University

Main content - State


Theories of State emergence Nature of the State Functions of the State Types of State Socialist Republic of Vietnam

Main content - Law


Origin, Nature and features of Law Role and types of Law Legal system: Legal Branches and Legal writings Breach of law, Legal Liabilities

The

STATE

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 between societys members

Origins of the State (2)


4. Marxist-Leninism: socio-economic

developments and social class fights 5. Others: Dictatorship (invading), physiology (since ancient time, people always need a leader) 6. Modern international law Art. 1 of the Montevideo Convention 1933.

Origins of the State - types


Tribal group

Monarchy (Egypt)
Feudal Europe Absolutist state (Capitalist and Socialist) United Nations

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)

Functions and forms of the State I. Functions: 1. Internal relations 2. External relations Create respective state apparatus II.Forms 1. Government: 2. Structural form 3. Political regime

Socialist Republic of Vietnam


1. History and nature 2. Main features

3. Functions
4. Apparatus

The

LAW

The LAW
LAW IS: 1. A set of rules to govern peoples conduct of persons in any society. It touches almost every fields of life 2. Created and governed by State to deal with social matters. 3. Binding in effect. 4. Closely connected with State

Main features of law


1. 2. 3.

4. Law is binding for everyone with any conditions

Role of Law
1. State uses Law to manage all fields of life 2. ?

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. Administrative 3. Civil 4. Discipline

Signs of breach of law


1. 2. 3. 4. Actions or non-actions Not in conformity with legal regulations Fault In full legal liability capacity

Legal Liability
Negative Legal outcome

Responsibility

Legal system
All legal regulations: 1. Academic order; and 2. Reflected in legal texts 3. Improved with political milestones

Branches of Law
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Constitutional Law Administrative Law Civil Law Financial Law Banking Law Land law Labour Law Trade Law Marriage and Family Law Criminal Law Civil/Criminal Procedure International Law (Public Intl and Private Intl)

Legal texts
Adopted by .. Common behavior rule; Strict procedure

System of legal texts of Vietnam


Vietnam legal texts are sorted and classified by adopted body (I) AND enforcement power* (ii) NA President, Govt: Prime Minister Ministries and equivalent Court, Prosecutor: People Councils/Committees Inter-ministerial

Legal terms
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. State Law Monarchy Internal and external relations Social agreement Dictatorship Government Political regime State apparatus Republic Democracy Feudal period Breach of law Legal liability

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