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4st State and Law
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Transcript of 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