Justice system of Vietnam is not transparent and lacks independent
dominated by power and under the leadership of the party and government.
THE TRUTH - JUSTICE - LOVE
A crippled justice system full of bureaucratic weakness is one of the causes contributing to the heartbreaking case in Tien Lang and push honest people into imprison. The weakness of professionalism of the judges, the Chief Justice or by power driven from the party and government? In fact, if doing a good job and consider the case impartially, fairly and comply with all provisions of law, the judiciary which represent Vietnam in the case of Doan Van Vuon Court is the levels, including People's Court and the Court Tien Lang district Hai Phong City People were able to prevent any conflicts between people with an effective government and was not to happen in the unfortunate case in past time.
Lack of independence of the judiciary in recent years Vietnam has really created too great a distance between people and government, the trial is not transparent and unfair goes against every rule of law and trampled justice has completely lost the trust of the people against the government. Doan Van Vuon case is just one of thousands of icebergs floating iceberg thousands of others in the area of disputes and claims relating to land in Vietnam at present. And when people share their low oral injustice suffered many suffering, to live in sun screen projection of land, living wander no places where they reside, there is no stable occupation for self-support themselves, children suffer from illiteracy ..... and many other implications because of the coercive appropriation of land is unlawful and immoral governments at all levels as well as the lack of transparency from the system the law of Vietnam, including police, court system, the procuracy and continue to occur hundreds of thousands of other gunshots the same Doan Van Vuon case is difficult to avoid.
Looking beyond the influence of the case not only in the case of land wrongfully and then the police, the judiciary, procuracy can look back to fix mistakes and overcome consequences they have caused. The problem is the severe consequences that people have suffered too much for them and lasts from day to day, from months and months, from year to year, it was imprinted on the hearts of people the austere and then what happens .....? The impact of the explosion of frustration in the hearts of the people is so powerful no guns, no prison or any power that could threaten or prevent. Tremendous impact it can create social instability and can even crash a government or a regime change. The only thing that can help the judiciary independent operation that is up to promote democracy. The adoption of a multiparty state is the smart choice and only the leaders of the party and state government. This will help remove any safety fuse in the hearts of people and really put the country and people of Vietnam to a prosperous place and prosperity.
Tien Lang and service "telephone law"
Le Hong Hiep
Update: 12:07 GMT - Sunday, 19 June 2, 2012
In recent times Mr. Doan Van Vuon and family members opened fire on forcible land acquisition in Tien Lang (Office) did not spend less ink the press and public opinion. This particular incident was a clear example of the inadequacies associated with not only the capacity but more important is the objectivity, independence in activities of the judiciary in Vietnam.
Related to the anti-coercion in Tien Lang and every hidden behind the trial of his case Doan Van Vuon, said recently of Presiding Judge of Hai Phong City Bar Association that is caused by the court officials had "received simplest form, the expiration of land will be recovered ".
Her explanation of the Chief Justice has caused indignation in public opinion.
With a case that the government's decision Tien Lang district violations so obvious that both district courts and municipal level do not seem to find it here need to ask questions in regard to the objectivity important trial, especially hearing the case of the People's Court of First Instance Tien Lang district.
Is Tien Lang district People's Court has been dominated, influenced by the DPC when making their decision?
Similarly, in case the mediation of the People in All of Haiphong, a possibility can not be excluded that there was collusion between Tien Lang district People's Committee and the judge concerned to make arrangement not only errors, lack of objectivity, but also can be said as very deceitful, unethical.
It seems in this case, Mr. Doan Van Vuon has been got by Tien Lang district People's Committee and Haiphong People's Court "fool," as with a child.
The importance of independent judicial system
Earlier, on 30/08/2011, said at a meeting with the Supreme People's Court in his capacity as the Chairman's Central Judicial Reform, President Truong Tan Sang said, "Party and State will continue to create favorable conditions for the judiciary, particularly the judiciary, independent judicial and legal compliance. "
The development of an independent judicial system has long been identified as an important task in strengthening the socialist legal system and rule of law state building in Vietnam.
However, due to many causes, especially causes rooted in the nature of the political system, the construction of a judicial system independent and "just follow law" still faces many obstacles.
An independent judicial system with the legislature and the executive is a pillar of democratic state institutions, not only help ensure the "rule of law" but also help enhance the effectiveness of the work economic, social, behavioral promote good governance in the different social levels. For countries in transition period economy like Vietnam, a judicial system independent and transparent playing the role as more important.
In a speech in Australia, when asked about what he most regrets during his time in office in the former Soviet Union, former General Secretary of Soviet Communist Party Mikhail Gorbachev replied that it was that he was not aware of the importance of an independent judicial system, leading to the existence in the Soviet Union a legal base, which he called "the law over the phone."
When I was offered a better explanation, Gorbachev said that it was a legal background that the leaders of Soviet manipulation, can catch up the phone is able to change any decision of the court discretion they want.
A "platform via telephone law" has contributed to erosion and aligned with the economic reforms of the Soviet Union, Soviet economic changes during that time become an "economic mafia" is not based on adjusted basis of the law.
Gorbachev also said that the conclusion of a market economy needs to be ensured by a background of strict law and independent courts, only make decisions based on law rather than the intervention nature of political interference.
Once the independence of the judicial system is not guaranteed, the business and investment, or will not be ready to conclude the economy, or will use different tactics to exploit the system Justice served their interests.
The result is a mafia economy is formed, contributing not only lead to chaos, collapse of the Soviet economy, but also makes the economy post-Soviet Russia fall into crisis, failure decades-long degradation.
Implications for Vietnam
The construction of a judicial system independent and transparent carry important implications in terms of economic development for Vietnam.
For example, in the Tien Lang, if the judgment of Tien Lang District Courts independence, objectivity and transparency, it will not cause unreasonable loss for the "investor" as Mr. Doan Van Vuon, which maintain the confidence of those who want to implement investment projects, economic development locally.
In addition, an objective judgment, independence can be saved to the government and Hai Phong Tien Lang from an incident that many call a "political damage" to big. However, if the role of building an independent judicial system, transparency is at the macro level of national employment also has a much greater significance.
Currently, Vietnam Communist Party continues to rely on economic development - the social basis for political legitimacy (Political legitimacy), or in other words, your leadership credibility.
However, due to socio-economic development in terms of Vietnam's integration into the world economy today is dominated by the evolution of the global economy makes it difficult to maintain regular and stable high. Crisis and global economic slowdown negative impact on the economic situation - social Vietnam in recent years is a typical example.
This is why the land of many complaints
Therefore, the Party can also apply many different platforms to sustain and enhance the prestige of their leaders in the context of the main platform is economic development - high society is difficult, challenge. However, not all platforms can bring the desired results. For example, while the nationalist agitation can lead to tensions with the outside party is not keen on the democratization of political life as a method to enhance the prestige of his leadership.
In this context, good governance (good governance) emerged as a viable method can help improve Party leadership credibility without prejudice to the power monopoly of the Party.
Good governance can include aspects such as improving and improving the quality of institutions, fight corruption, improve transparency and accountability of public bodies, or administrative procedure reform.
Once good governance is to ensure the political prestige of the Party leadership could be strengthened, to compensate for the loss caused by the achievement of economic development - social restrictions.
The capacity and ensure the objectivity and independence of the judiciary is clearly a pillar of good governance, related to most aspects of this concept. So after the Tien Lang, Vietnam Party and State will probably pay more attention to the capacity building and especially to ensure the objectivity and independence of the judiciary as a means of promoting economic development and good governance, thereby maintaining and enhancing the prestige of his politics.
However, achieving this goal depends on many factors, including the most important is the political will of the Party and government.
So the problem of "telephone law" whether there is solved Tien Lang and other services continue to occur or not is a question left open no sure answer. However, one thing is clear that the answer to that question will have a large effect on the future of the Party as well as fate.
The article expresses the sole opinion of the author, is currently a Lecturer Faculty of International Relations, Social Sciences and Humanities, Vietnam National University Ho Chi Minh City, and is currently a PhD student PhD in Political Science at the University of New South Wales, Australia.
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