ACADMY OF SOCIAL SCIENCESDAO THANH HAI APPLYING LAW IN THE FIELD OF ROAD TRAFFIC ORDER AND SAFETY IN HANOI CITY Major: Constitution and Public Administration Laws Code: 9.38.01.02 Legal
Trang 1ACADMY OF SOCIAL SCIENCES
DAO THANH HAI
APPLYING LAW IN THE FIELD OF ROAD TRAFFIC
ORDER AND SAFETY IN HANOI CITY
Major: Constitution and Public Administration Laws Code: 9.38.01.02
Legal Doctorate Dissertation Summary
HANOI - 2019
Trang 2GRADUATE ACADEMY OF SOCIAL SCIENCES
Scientific Supervisor: Prof PhD Vo Khanh Vinh
Reviewer 1: Prof PhD Nguyen Minh Doan
Reviewer 2: Assoc Prof PhD Nguyen Van Manh
Reviewer 3: Assoc Prof PhD Vu Trong Hach
The dissertation will be defended before the thesis review council of the Academy at the Graduate Academy of Social Sciences
at hour minute, day month year
The thesis can be found at:
- National Library of Vietnam
- Library of Graduate Academy of Social Sciences.
Trang 31 The urgency of the topic
Traffic order and safety in Vietnam in general and in Hanoi in particular have posed many problems for any responsible person, especially managers in recent years Traffic accidents are an obsession and lead to a lot of heartbreaking consequences, traffic congestion is extremely serious, its complicated developments result in a lot of hard consequences for the whole society As a big city - the capital of a developing country, traffic order and safety in Hanoi city have many issues to be solved both socially, constructionally, legally and even planning LA in the field of traffic safety
in Hanoi is one of the noticeable issues, should be studied seriously in terms
of both theory and practice to have solutions to help this activity become really effective.
Ensuring TS&O has also emerged some shortcomings andlimitations that need to be overcome, that is: traffic accidents arecontrolled and reduced, but the number of deaths due to trafficaccidents is still high, while a number of particularly serious trafficaccidents occurred; violations of TS&O regulations are still quitecommon and have not been handled promptly; Prolonged trafficcongestion is still a complex issue; basic investigation work is stilllimited, grasping the situation and forecasting the situation have notmet the task requirements; the observance of the reporting regime insome units and localities is not serious and not timely, the quality ofreports is not guaranteed The fact that LA in the field of TS&O inHanoi needs thorough research: on transport planning, trafficorganization and handling violations Many cases of congestion andtraffic accidents occur due to unreasonable traffic organization.Along a street, the congestion scene is prolonged, causing frustrationfor traffic participants, however if it is reorganized with reasonabletraffic flows and traffic signals are rationally arranged, the traffic will
be smooth The implementation of the law in road construction is also
a concern of the people Many projects prolong the time, capital,obstructing traffic, causing traffic accidents Therefore, the PhDstudent has chosen the topic: “Applying laws in the field of Roadtraffic order and safety Road traffic in Hanoi city”as my researchtopic This is an urgent topic with theoretical and practicalsignificance
Trang 42 The research purpose and tasks of the thesis
2.1 Research objectives
Based on the basis of analyzing the situation of road traffic inHanoi city, the paper will find out scientific bases to identifysolutions to improve the performance of LA in the field TS&O inHanoi city
2.2 Research tasks
- Provide an overview of research projects: research projects
in Vietnam and abroad, from which research issues continue;
- Study theoretical issues on the implementation of laws and important forms of implementing law is LA in the TS&O in Hanoi;
- Research on implementing laws in traffic planning andorganization and handling violations in the field of road traffic inHanoi;
- Propose the direction and solutions to improve the
efficiency of LA to secure TS&O in Hanoi city
3 Research object and scope of the thesis
3.1 Research subjects
The practice of application of laws in the assurance of roadTS&O in Hanoi; theoretical issues about LA and practice in the field
of road TS&O; LA experience in securing road TS&O in the capitals
of several countries around the world-lessons for Hanoi
In terms of time scope: about 20 years ago
4 Methodology and research methods of the thesis
4.1 Methodology
To solve the tasks set out, the thesis uses the methodology ofdialectical materialism and historical materialism to study issuesrelated to the content of the topic The thesis examines the researchsubjects from the views of Marxist-Leninist doctrine, Ho Chi Minh's
Trang 5thought as well as the Party's guiding point and policies of the State
of Vietnam on the state and the law, on the supreme nature of thelaw, about implementing the law
4.2 Research Methods
The main research methods used in the thesis are:
- Analysis and synthesis are used in all three chapters(Chapters 2, 3 and 4) to analyze and generalize theoretical issues aswell as assess the situation, propose solutions to improve efficiency
of LA in ensuring TS&O in Hanoi;
- System method is mainly used in Chapter 2 and Chapter 3 toanalyze and systematize the research problems set by LA in ensuringTS&O
- Comparison method is used in Chapter 1 and Chapter 2 ofthe thesis when referring to the research works, TS&O articles in thecapital of some countries in the world to compare and draw the value
of reference From that point, orienting solutions to improve theefficiency of LA on road TS&O in Hanoi city
- The historical method is used in all chapters of the thesis toanalyze and assess the situation of road traffic in Hanoi as well asimprove the efficiency of LA in ensuring traffic order and safety
- Statistical method is used in Chapter 3 of the thesis when assessing traffic situation in Hanoi
- The generalization method is used in Chapter 4 of the thesis
to propose solutions to improve the efficiency of LA in ensuring roadtraffic order and safety in Hanoi city in the coming years
LA in transportation planning, traffic organization, LA on theinformation technology platform in the fourth industrial revolution
Secondly, the thesis dynamically studied the coordinationbetween traffic police forces and other forces of Hanoi Police inregulating and guiding vehicles to participate in multi-traffic traffic
Trang 6form and complexity in Hanoi city.
Thirdly, the thesis stated synchronous solutions in lawpropaganda, dissemination and education, especially dissemination oftraffic law education for foreigners working and living in Hanoi andtourists come from other provinces and countries
6 The theoretical and practical significance of the thesis
6.2 Practical significance
- Research results of the thesis can be used as reference forresearch and teaching activities at training and retraining institutionsfor cadres and civil servants At the same time, the thesis is also areference source for relevant agencies and organizations inorganizing the implementation of laws related to the management ofcadres and civil servants
7 Structure of the thesis
In addition to the introduction, conclusion and list of
references, the body of the thesis includes 4 chapters, as follows:
Chapter 1: Overview of research on issues related to the
topic;
Chapter 2: Theoretical issues of law application in the field
of road traffic order and safety in Hanoi
Chapter 3: Actual situation of law application in the field of road traffic order and safety in Hanoi
Chapter 4: Directions and solutions to improve the efficiency of law application in the area of road traffic order and safety in Hanoi.
Chapter 1 OVERVIEW OF RESEARCH SITUATION ON THE
THESIS 1.1 Literature review
First of all, in theory, we can mention the textbooks on the theory of the State and the law of universities: Hanoi Law University,
Trang 7Law Faculty of Hanoi National University, Hue University Thesesourses have a fairly simple approach to LA and implementation, inwhich the implementation of the law is understood to be the legalactivity and behavior of legal entities in accordance with theprovisions of law, LA is understood "as an organizational andpowerful activity the State carried out by state agencies andcompetent authorities to differentiate legal norms in specific casestoward specific individuals and organizations In all of the generaltheoretical curricula on the state and the law of the traininginstitution, this study addresses implementation issues and LA inrecent times Studies are increasingly comprehensive and in-depth Inthe General Theory on State and Law of Hanoi National University,Faculty of Law issued in 2005, (Editor-in-Chief Hoang Thi Kim Que
- National University Publishing House), implementation issues and
LA were more complete access to issues such as the concept ofimplementing laws, the forms of law implementation, the cases inneed of LA, the concept of LA (including definitions, characteristics
of LA), results of LA, and LA stages In addition, this syllabus alsoprovides a related problem that is similar to LA In the 2005 GeneralTheory on the State and the Law, the implementation of the law isunderstood as: “a process of operation aimed at making theprovisions of law come to life and become real legal practice of legalsubjects”(34, p 494) LA is defined as: “organizational activitywhich demonstrates the state power is carried out by competent stateagencies, authorities or social organizations empowered by the state
to personalize the legal regulations in specific cases for specificindividuals and organizations”
LA has the following types: 1) Regarding the objects ofapplication (under the law) - constitutional law, criminal law, publicadministration law ; 2) Regarding the subject of application of law -acts of heads of state, judicial agencies, prosecutors ; 3) Regardinglegal value: Particular documents (decisions on administrativesanctions, judgments) .; 4) Regarding the text form: Legaldocuments, legal acts, verbal claims ; 5) Regarding the time ofvalidity – one-time applications (for example, a fine) and long-lastingones (for example, pension benefits); 5) Regarding the nature -
Trang 8prescribing obligations, responsibilities, prohibitions andauthorizations ; 6) Regarding the function of adjusting the law -protecting the law, adjusting the behavior
Russian scientist analyzed the concept of applying the lawvery well: Applying the law (правоприменение) - one of the forms
of law enforcement is the power activity of state agencies andauthorized person to ensure law enforcement The basic signs of lawapplication: the activity is carried out by unilateral will of thecompetent authority and individual; Is a kind of state managementactivities; It is an organizational activity, which means that theorganization applies the law in a specific situation for specificindividuals; an activity is procedural, that means it is carried out inconformity with formalities as prescribed by law; Determiningcorrectly, means assigning (personalizing) common behavior rules(legal rules) directly to this case; it is powerful, that means, it is onlydone by the competent authorities (eg government agencies, localauthorities); guaranteed, that means ensuring the performance of thirdparty rights
Applying the law has the following stages: Determining thepractical basis of the case; determining the legal basis of the case;decision to handle the case At the first stage, the collection and analysis
of all reliable practical documents (legal-related information) regardinglegal events is carried out to determine objective facts in specific cases
In the second stage, legal assessments are made on the practicaldocument of the case based on the selection of relevant laws and legalregulations, and interpretation of legal documents At the third stage, adecision is made for the case (must be reasonable, legal, quick, and fair).The law application document is a special document issued by anauthorized body, deciding on a specific legal case
Regarding monographs, in 2009, the Jurisdical Publishing
House published a monograph “Applying law in Vietnam today some theoretical issues and practice” (editor Nguyen Thi Hoi) This
-monograph has the participation of many scientists in various sectors in the field of jurisprudence with many issues of theoreticaland practical research such as: LA Concept, LA process, LAdecision, LA similarity, LA in the criminal field, LA in civil, LA in
Trang 9sub-public administration, LA commerce, in labor, taxation, familymarriage and foreign LA In this document, the implementation ofthe law is defined as "lawful (act or inter alia) behavior of a subjectwith legal acts." This is a reference monograph that serves well forthe research of the topic.
“Some issues on ensuring traffic safety and order” - National
Political Publishing House, (2002) in cooperation with the authorsTran Van Luyen, Tran Son, and Nguyen Van Chinh
Researching the master plan on road traffic safety in theSocialist Republic of Vietnam until 2020 is one of the comprehensiveand well-researched studies conducted by national and foreignexperts, funded by JICA, completed in 2009 The study hasmentioned many important current issues such as policies andinstitutions on traffic safety, transport infrastructure, driver licensingand control systems, checking transportation means and managingtransport, enforcement and education activities on traffic safety andmedical emergency On this basis, the study proposed 6 groups ofimportant solutions to improve traffic safety, including thedevelopment of a safe road environment, safe driving and safevehicles, maintaining road order, developing education andpropaganda, medical emergency systems and assisting victims ofaccidents, institutions and resources However, this study has notshown the object, scope and schedule of application, in terms ofresource limitation In addition, due to the different entities, the needand impacts of solutions on them are also varied If this problem isnot solved, the above solutions will not be applied and lack offeasibility Moreover, this study has hardly given legal solutions,including LA activities, especially in the field of road traffic order
In the article written by Vukan R and Vuchik “Urban transitsystem and technology” (John Willey and sons Inc., 2007), theauthors have proposed traffic safety measures in London based on theapplication of technology achievements These are connectioninformation technology, satellite navigation technology and trafficstatus notification for major transport vehicles in big cities to avoidcongestion, risks and create air traffic in all directions traffic is timelyinstructed
Trang 10Chin Hoong Chor in 1998 published a “Urban transportplanning in Singapore”
Transportation always plays an important role in moderneconomic development of Singapore When Sir Stamford Raffleslanded in Singapore in 1819, he intended to establish a trading point
on the island to facilitate traffic between China and Britain, andexpand Britain's commercial interests in the Malayan Islands.Singapore's modern history begins with the vision of Raffles to turnthe small fishing village into a great commercial center and a freeport Within a few years of his arrival, Raffles set out his plans andprinciples for developing Singapore into “the pride of the East”
The doctoral thesis of Boyko Grigory Vladimirovich “Method
of optimizing the transport structure to maintain urban passengertraffic” (Бойко Григорий Владимирович "Методика оптимизацииструктуры транспорта для обслуживания городскихпассажирских перевозок") studied traffic order and safety inpassenger transport in Moscow city In the thesis, the author analyzedthe approach of organizing the process of transporting passengers inthe cities of the Russian Federation, passenger transport status,quality of passenger transport, safe transportation and ecologicalenvironment, factors affecting, road traffic conditions in cities of theRussian Federation
Among the works of Russian scientists studying road trafficorder and safety, there is also the Doctoral Dissertation of Law ofAmel'chakov Igor 'Filippovich “Legal basis and organization ofsafety assurance human being in traffic” (Правовые иорганизационные основы обеспечения безопасности личности
на объектах транспорта) The author has conducted acomprehensive study on personal security issues when participating
in traffic Based on summarizing domestic and foreign experiences,the author makes recommendations for practical application ofagencies under the Ministry of Public Security
In recent years, there have been many studies on traffic issues
in Hanoi, and ensuring traffic order and law enforcement in transport
in Hanoi
Ddoctoral dissertation thesis of Tran Son Ha (National
Trang 11Academy of Public Administration) on Public Management studies
"State management of road traffic order and safety in Vietnam today"(2016) The thesis aims to clarify the theoretical and legal basis andassess the state management of road traffic order and safety to givedirections and solutions to improve state management on Road trafficorder and safety in Vietnam today
Regarding the state management practices in transport, thereare a number of research projects such as: State Management inTransportation by Nghiem Van Dinh (Transport Publishing House,2003) This is a concurrent study on both traffic order and safety, andstate management in traffic order and safety that has given legalsolutions to state management in traffic order and safety in general.Key ministerial project “Solutions for road traffic safety in Vietnam”(project leader Nghiem Dinh Dinh in 2004), offered solutions totraffic safety order in Vietnam but mainly in the technical and socialaspects, few legal aspects are mentioned
“Some issues on ensuring traffic safety and order” - NationalPolitical Publishing House, (2002) in cooperation with Tran VanLuyen, Tran Son, and Nguyen Van Chinh
Researching the master plan on road traffic safety in theSocialist Republic of Vietnam until 2020 is one of the comprehensiveand well-researched studies conducted by nationl and foreign experts,sponsored by JICA, completed in 2009
1.2 Literature review and the need for this dissertation
To sum up, the theoretical and practical results on LA ofprevious research have been systemized to some extent and shownthe continuous growth, which builds a good basis for this paper That
is the approach to LA concepts, characteristic and case studies as well
as its stages and similar terms
LA in TS&O is a specific issue However, on LA, theprevious studies have just conducted research on general issue or anyrelated issues rather than TS&O, especially LA
Chapter 2 THEORETICAL ISSUES ON THE LAW APPLICATIONIN THE FIELD OF ROAD TRAFFIC SAFETY, ORDER
Trang 122.1 Concept, characteristics, role of law applicationin the field of road traffic safety and order
When talking about implementing laws, V.I Lenin
generalized, "When there is a law but we don’t follow the law, it is worse than no law." He also said "There is a long distance from the enactment of law to the implementation of law." Around 2,300 years ago, Han Phi wrote, "No country is always weak No country is always strong If the country has strong law enforcement people, that country will be strong If the country has weak law enforcement people, that country will be weak" First of all, we need to see law
application is just one of the forms of law enforcement In somestudy courses, the expression of the concept of law enforcement issomehow agreed
It can be seen that law application is a very complicated,important activity and has the following key characteristics:
First, law application is an organizational activity that
represents state power This is an activity always carried out by the
authorized subjects defined by law Second, law application must be conducted in strict order and procedures prescribed by law Third,
law application is an activity to adjust individuals
The above are academic views on law application in general.However, in practice, it may be necessary to expand the content oflaw application from the point of view of the Institute of State and
Law: "Law application is all the works, activities, methods to implement the requirements set out in the law to regulate social relations” as mentioned above, because there are many other
practical law application activities that are not entirely indicative ofsuch manifestations If the state's power is said to include legislativepower, executive power and judicial power, then law applicationmainly lies in both executive and judicial powers, especially
executive power Thus, it can be understood: Law application is a type of state management, organized, implementing the law in a specific situation for specific individuals, which are procedural, implemented under certain procedures according to the provisions of law, expressed in different documents of competent persons in the state apparatus.
Trang 132.1.2 Characteristics of law application in road traffic order and safety
First, law application in the field of road traffic order and
safety is a state management activity in a narrow-specialized area
Second, law application in the field of road traffic safety is complex.
In fact, there is almost no one involved in living activities withoutmoving from one place to another, region to region, by various
means Third, law application in the field road traffic safety and
order requires increasing and increasing physical and technicalconditions as well as human resources
From the above research contents, it can be seen that theconcept of law application in the field of road traffic safety isunderstood as follows: law application in the field of road traffic
safety is "Applying the law in the field of road traffic safety is a form
of law implementation, in which the state approves competent agencies – public security agencies (traffic police forces and specialized police forces), people's committees at all levels, Procuracy, Court, or authorities to be responsible for organizing legal entities to implement legal provisions in the field of road traffic safety to issue administrative handling decisions to individuals and legal entities in the field of road traffic safety and order".
The characteristics of law application in the area of roadtraffic order and safety in Hanoi also have the above common
characteristics but vary at the level of expression: First, law
application in the field of Road traffic order and safety in Hanoi isconcentrated in the center of the inner city, mainly in urban districts
Second, law application in the field of road traffic order and safety in Hanoi city is very complicated Thirdly, law application in the field
of road traffic order and safety in Hanoi requires that theimplementing subject must meet the requirements of high
professional and expertise level Fourth, law application in the field
of road traffic order and safety in Hanoi requires an increasing andincreasing investment in human and material resources
There are many contents to be implemented in applying laws
in the field of road traffic order and safety Typically, law applicationwill be conducted when there are the following basic cases: When the