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VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES HO MINH HAI MONITORING LAW ENFORCEMENT IN THE FIELD OF HANDLING ADMINISTRATIVE VIOLATIONS FROM PRACTICE IN SOUTH

VIETNAM ACADEMY OF SOCIAL SCIENCES

GRADUATE ACADEMY OF SOCIAL SCIENCES

HO MINH HAI

MONITORING LAW ENFORCEMENT

IN THE FIELD OF HANDLING ADMINISTRATIVE VIOLATIONS FROM PRACTICE IN SOUTHWEST

The work was completed at GRADUATE ACADEMY OF SOCIAL SCIENCES

Scientific Supervisor: Assoc Prof PhD Nguyen Canh Hop

Reviewer 1: Prof PhD Thai Vinh Thang

Reviewer 2: Assoc Prof PhD Dinh Xuan Thao

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.

INTRODUCTION

1 The urgency of the thesis

The views and ideas on law enforcement in the field of handling administrative violation have been set by philosophers since the view of the rule of law state, in which the law was absolutely respected and all individuals and organizations must obey the law, accordingly, the law is a particularly important tool which helps the state manage the society

The core content of the views on law enforcement in the field

of administrative violation processing is that the law construction and enforcement activities tend to expand, because the administrative violation is very popular in our social life and has bad influence on the equity of society In social management, the state has increasingly strengthened its role in the development and enforcement of the law

on handling administrative violations, gradually lead to the trend of abuse of power and autocracy in law construction and enforcement in general and the law on handling administrative violations in particular

The aforementioned situation shows that the implementation

of researches on theoretical and practical aspects related to law enforcement on the field of handling administrative violation is being urgently set out, in order to improve the socialist rule-of-law state of the People, by the People and for the People On that basis, the author

decided to select the topic of "Monitoring law enforcement in the field of handling administrative violations from the practice of the southwestern provinces" to study in the scope of this doctoral thesis,

with the desire to contribute to perfect the awareness of this issue, thereby contributing to build and perfect the rule of law socialist State of the people, by the people and for the people

2 Objectives and tasks of the research

2.1 Objectives of the research

The thesis has a general purpose to build arguments for proposing solutions to enhance law enforcement in terms of handling

administrative violations in Southwestern provinces in particular and

in Vietnam in general

2.2 Tasks of the research

- Clarify the theoretical aspects of law enforcement in the field of handling administrative violations on the basis of systematizing and developing theoretical awareness about law enforcement in the field

of handling administrative violation

3 Object and scope of the research

3.1 Object of the research

- The thesis conducts a study of scientific views on law enforcement

in the field of handling administrative violations

- Studying the system of legal regulations on organizational and law enforcement activities in handling administrative violations

- Studying the practice of organizational and law enforcement activities in the field of handling administrative violation in the Southwestern provinces

- Studying experiences of organizing and operating law enforcement

in the field of handling administrative violations in some other localities across the country

3.2 Scope of the research

Content scope:

- In terms of theory: The thesis focuses on studying theoretical issues about law enforcement s in the field of handling administrative violation, and the organizational model of law enforcement activities

in the field of handling administrative violation

- In terms of law: The thesis focuses on researching on institutions, legal provisions on law enforcement in the field of handling administrative violations, practical application of law enforcement in the field of handling administrative violation in the Southwest provinces

4 Methodology and research methods

4.1 Theoretical basis and approach of the thesis

- The dissertation is based on the theoretical basis of Marxism - Leninism, Ho Chi Minh's thought on the Socialist rule of law State, the views of the Party and the Socialist Republic of Vietnam on the state and the law, roles and responsibilities of the state, ensuring the effectiveness and efficiency of state administrative management, ensuring social justice At the same time, it is based on theories of governance, control of state power, rule of law and the theory of

human rights

4.2 Research Methods

- Methods of logic, analysis, synthesis: It is used extensively in all chapters of the thesis to detect and persuade explanations on the contents related to the thesis topic

- Method of system structure, comparison, induction, interpretation: It is mainly used in Chapter 2 and Chapter 3 of the thesis to identify and evaluate the operation of law enforcement mechanism in the field of handling administrative violations in the

southwestern provinces

5 The new contributions of the thesis

The dissertation has contributed to the theoretical, scientific and practical basis of on law enforcement in the field of handling administrative violations which have not been generalized or built with scientific arguments in recent research works The new contributions of the thesis are reflected on the following points: The thesis contributes to systemize and explain the theoretical issues

of law enforcement in the field of handling administrative violations, and at the same time introduces the concept, characteristics and role

of law enforcement in terms of handling administrative violations

6 Theoretical and practical significance of the thesis

The dissertation's research results contribute to supplementing the theoretical awareness about law enforcement in the field of administrative violation handling, establishing the premise of theoretical awareness necessary for the process of perfecting the law and ensuring the effective application of laws on law enforcement in the field of handling administrative violations in Vietnam today The results of the thesis have a high application significance on the state management and practice of law enforcement in the field of handling administrative violation in the Southwest provinces in particular and other provinces in general

7 Structures of the thesis

A part from the Introduction, Conclusion, List of References, The thesis consists of 4 chapsters:

Chapter 1: Overview of the research

Chapter 2: The theoretical issues on law enforcement on

handling administrative violation

Chapter 3: The current law enforcement on handling

administrative violation in the Southwest provinces

Chapter 4: Requirements and solutions to improve law

enforcement on handling administrative violation from the practice of Southwest provinces

Chapter 1 OVERVIEW OF THE RESEARCH

1.1 Overview of the research

1.1.1 Research on theoretical issues of the thesis topic

Domestic research work:

The author divides researches into two categories:

1.1.1.1 The research works on handling administrative

violations

1.1.1.2 Direct research works on law enforcement monitoring

Research works in foreign countries:

- The Enforcement of Administrative Compulsion Mode Legal Problems Research, 2012 by China Papers: The author analyzes and

identifies the state administrative activity of administrative enforcement as one of the administrative law enforcement activities that easily lead to the abuse of power; analyze the development of an administration unity First of all, it is necessary to analyze the administrative coercive model, analyze the theoretical and practical significance of the administrative coercive model

-“Comments and recommendations on bill on handling of administrative violations of Vietnam”, United Nations, Workshop agenda to get feedback on regulations on administrative handling measures in bill on handling of administrative violations, 8/2011: The article mentions two main contents: analyzing the provisions of the draft Law on handling administrative violation in comparison with some regulations of other countries' laws on handling administrative violation in general and administrative violation by the minors in particular

1.1.2 Research on practical isssues of the thesis topic

Domestic research work:

Ministerial-level scientific research project (2008), Theoretical and practical basis for building a model of the Law on handling administrative violations in Vietnam, implemented by the Department of Criminal - Administrative Law (Ministry of Justice) This work devotes a number of important sections to summarize the adjustment of the law enforcement practice and the law enforcement practice in dealing with administrative violations in Vietnam through

three specific stages such as: The process of formation and development of the law on handling administrative violations in Vietnam from 1945 to 1975; 1975 to 1986; and the period from 1986

to 2008

Researches in foreign countries:

Practical issues of law enforcement in the field of handling administrative violations are researched and evaluated by many domestic authors, but few projects have been conducted in foreign countries Through the survey of graduate students showed that there are a few research projects and seminars related to handling administrative violations as followings

1.1.3 Researches and analysis of the proposals and recommendations of the thesis topic

Article: Management of handling administrative violations and

monitoring law enforcement in Ninh Binh, Trinh Thi Hang Nga,

Journal of Democracy and Law; an essay explaining recommendations on institutional improvement on law enforcement and management of administrative violation handling, proposing to issue a set of evaluation criteria for the legal compliance; identify disciplinary measures, handle violations in this field of work to ensure the effectiveness of state management and the strict compliance with the law

1.2 A overview of the research on thesis topic

management, in accordance with the requirements of building a socialist law-governed state in line with international legal standards

On that basis, the research works have proposed a number of solutions and recommendations

1.2.2 The issues related to the thesis topic have been clarified and developed by the thesis in the research of the topic

Based on the results of the domestic and foreign researches, the author found that the clarified contents are related to the thesis topic, which can be inherited without further analysis

1.2.3 The issues related to the thesis topic that are still controversial or have not been raised for research or remained many problems

In terms of theory: The concept of law enforcement is mentioned by

many authors in the research works, but there is still not high consensus There are many different views on law enforcement, especially law enforcement in the field of handling administrative violations in the Southwest region The scope, subject and mechanism of coordination in the implementation of law enforcement in the field of handling administrative violations still reveal many different opinions as well as many debates The contents

of law enforcement in the field of handling administrative violations

have not been consistent and there are many different interpretations

In terms of practice: Many authors assess quite fully the status of

handling violations in a certain field such as: the situation of handling administrative violation regarding the urban construction order management, the current settlement against administrative violation

in the field of land, besides, the author also fully assessed and evaluated the current situation of law enforcement in a certain locality such as: the current law enforcement in Kien Giang province,

the reality of law enforcement in Hanoi There has not been any research study to assess the general law enforcement in the field of handling administrative violations in Southwestern provinces or

similar studies in Vietnam today

Regarding solutions and recommendations: Due to the research

works in a certain field or locality, most of the solutions are proposed

to improve the quality and effectiveness of law enforcement in a certain locality, as well as solutions to improve the quality and efficiency of handling administrative violations in a certain field, the solutions are not comprehensive especially in the Western region Southern

1.3 Further research on the thesis topic, research questions and research hypotheses

1.3.1 Further research on the thesis topic

On the basis of theoretical analysis, the status and solutions of the research works related to the thesis topic, it shows that the research scope of this thesis is quite large and can be continued for further research, such as:

Firstly, continue to research the innovation in awareness of the

nature of law enforcement in the field of handling administrative violations in the context of building a socialist law-governed State of Vietnam

Secondly, do the researches that clarify the concept, subject,

characteristics and role of law enforcement in the field of handling administrative violation procedure

Thirdly, do the researches on legal aspects of law enforcement in

handling administrative violation in order to ensure order and discipline in state administrative management, ensuring social justice The research results provide convincing arguments about law enforcement in the field of handling administrative violations

associated with the effectiveness and efficiency of state administrative management

Fourthly, do the researches to identify the contents of law

enforcement in the field of handling administrative violations

Fifthly, do the researches to identify mechanisms and models for

implementing law enforcement in the field of handling administrative violations to meet administrative and judicial reforms, streamlining the implementation of law enforcement in the field of administrative violation and reform

Sixthly, do the researches on analytical, comprehensive assessment

of political views, institutions and legal basis of law enforcement activities in the field of handling administrative violations

Seventhly, do the researches and analyze the situation of law

enforcement in the field of handling administrative violations in the context that our country is promoting the construction of a socialist, associated with the strategy of socio-economic development

1.3.2 Research questions and research hypotheses

Question 1: What is the meaning of law enforcement in the field of

handling administrative violations? What are the characteristics?

Hypothesis: Currently, the authority, scope, method, concept, characteristics, role of law enforcement in the field of handling administrative violations have many different views This greatly affects the accurate identification of the elements that make up the organizational model and law enforcement activities in the field of handling administrative violations

Question 2: What is the content of law enforcement in the field of

handling administrative violations and what is the legal basis for law enforcement in the field of handling such administrative violation?

Hypothesis: The contents of law enforcement in the field of handling administrative violations include many factors that are not entirely consistent with the scope of the current law, the effectiveness of law enforcement in the field of handling administrative violations is

affected by many key factors, both objective and subjective, but those factors have not been fully identified, and at the same time, the law

on law enforcement in the field of handling administrative violations

is still inadequate and limited, affecting the efficiency of law enforcement activities in the field of law enforcement management

Question 3: What are the current achievements of law enforcement

in the field of handling administrative violations in Southwestern provinces? What are the causes of inadequacies and limitations?

Hypothesis: Law enforcement activities in the field of handling administrative violations in the Southwestern provinces have achieved certain results However, adjusting laws and practices of law enforcement in the field of handling administrative violations in the Southwest provinces is still inadequate and limited

Question 4: Different views of enhancing the effectiveness of law

enforcement activities in the field of handling administrative violations in Vietnam in general, in the southwestern provinces in particular? What measures are needed to make these views come true?

Hypothesis: The views and solutions on law enforcement in the field

of handling administrative violations in the past have not been really appropriate and lacked in comprehensiveness, some solutions have not been implemented due to insufficient awareness Besides, some other solutions lack feasibility because of the lack of guaranteed conditions

Summary of Chapter 1

Law enforcement in the field of handling administrative violations is one of the effective tools in state administrative management, ensuring order, discipline in strictly implementing the provisions of law, ensuring social equity In order to implement the topic related to law enforcement in the field of administration from the practice of Southwestern provinces, in the overview chapter of this topic, the author has determined the overall research issues related to the thesis

topic, summarize research works, scientific articles, monographs related to the thesis topic, as the basis for the overall analysis and evaluation of issues related to the thesis

Chapter 2 THEORETICAL ISSUES ABOUT MONITORING

2.1.1 The concept of monitoring law enforcement in the field

of handling administrative violations

To understand the concept of law enforcement in the field of handling administrative violations, it is necessary to consider from the perspective of the internal analysis of law enforcement in the field

of handling administrative violations

2.1.2 Characteristics of monitoring law enforcement in the field of handling administrative violations

2.1.2.1 Monitoring law enforcement in the field of handling administrative violations is the responsibility of the whole system of state agencies

The law on handling administrative violations is wide-ranging, covering all areas of social life, all social transactions which are governed by laws, and most of the violations which are not criminal cases must deal with administrative violations

2.1.3 The role of monitoring law enforcement in the field of handling administrative violations