Tư pháp là gì? Cơ quan tư pháp ở Việt Nam gồm những gì?

Any country cannot lack the judicial sector and the activities of judicial agencies. In general, the judiciary plays an extremely important role in maintaining and developing a civilized, honest and fair society. To have an overview of this issue, let's find out what the judiciary is, and what units the judiciary in Vietnam includes in the article below!

What is justice?

The concept of justice is very broad. If understood in a narrow sense, justice refers to the activities of state agencies with authority to adjudicate cases according to the provisions of law. This is to protect the legitimate rights and interests of all individuals and organizations who are citizens of the Socialist Republic of Vietnam. The judicial system is a network with close links between courts, procuratorates, enforcement agencies, etc., working together and supporting each other.

What is justice in a broad sense? It refers to the entire organization, activity and system of agencies in the judicial sector within the state apparatus, specializing in performing functions related to the promulgation and handling of laws. and comply with the laws of the country and nation.

Roles and functions of the Judiciary in the state apparatus

Justice plays an extremely important role in a country's state apparatus, contributing to ensuring the effective operation of the political system, promoting socio-economic development and protecting public rights. people. Below are the main roles and functions of the Judiciary:

Enforce the law in accordance with the provisions of the constitution

True to the concept of what justice is, judicial activities are responsible for protecting the Constitution and law, ensuring the consistency and rigor of the legal system. Through judicial activities, propaganda, and legal education, the Judiciary contributes to raising legal awareness for citizens, maintaining order and protecting security in society, and building a civilized society.

Resolve disputes and handle violations of the law

The judiciary and system of specialized judicial agencies have the authority to resolve disputes in all fields from politics, civil, economic, commercial, administrative, etc. in a fair, objective, and compliant manner. legal. When detecting violations by any individual or organization, violations of the law will be handled in accordance with regulations issued by the state. From there, we aim to protect the legal and legitimate rights of citizens and organizations.

Control the power of the State

The judiciary has the authority to review the constitutionality and legality of legal documents and administrative acts. Control the power of state agencies, prevent all abuses of power and violations of the law. Contribute to building a socialist law-governed state of the people, by the people, for the people.

A place to build and contribute to international integration

The judiciary is also responsible for researching, developing and amending laws issued based on the country's socio-economic situation in different periods. At the same time, apply appropriate international legal standards, creating favorable conditions for global economic, cultural and social integration. Effective judicial activities will contribute to enhancing the country's position and reputation in the international arena.

The important role of justice in social life

Not only is it beneficial for the state, when we learn about what justice is, we will see that this field also plays an extremely important role in people's social life. An effective and fair judicial system will contribute to building an increasingly sustainable and civilized society. Because thanks to activities in the judicial field, ensuring fairness, order and development for society is maintained.

Resolve disputes and conflicts

Judicial agencies such as courts, procuratorates, etc. are places for disputing parties to present their views and opinions and have them resolved fairly and objectively according to the provisions of law. The activities of the judiciary are to contribute to resolving conflicts, easing tensions, and creating solidarity in society. At the same time, it creates people's confidence in the legal system promulgated by the state and the judicial agencies that enforce it.

Protect the rights, obligations and interests of citizens

When mentioning the role of justice in social life, it certainly must include ensuring freedom of speech, freedom of assembly, freedom of belief, freedom of movement,… of all citizens. Everyone has equal social rights and obligations. The State will handle violations of citizens' freedom and democratic rights if deviations from legal regulations are detected.

The judiciary has the authority to prosecute and adjudicate violations of the law and crimes. Punish criminals, ensure security and order for society. Through judicial activities, the Judiciary contributes to protecting basic human rights and freedoms, and the legal and legitimate rights of citizens and organizations.

Legal education and raising awareness of law observance

Through the trial of cases, the judiciary contributes to propagating and disseminating the law and raising people's awareness of law observance effectively. From there, illegality and crime will gradually decrease because everyone is propagated with correct legal awareness.

Promote socio-economic development

Justice contributes significantly to creating a stable and safe social living environment, thereby attracting investment and strongly promoting the nation's economic development. On the other hand, the judicial agency is also responsible for resolving economic and commercial disputes, protecting the rights of consumers and businesses against any disputes that occur.

Principles of judicial operation

After understanding the concept of what justice is, the role of the justice system in socio-economic life as well as the development of the country, what everyone needs to know is the operating principles of justice. In Vietnam.

Fair and objective

• The trial of cases must be based on evidence, evidence and the provisions of law, without favoring anyone.
• Parties participating in proceedings must be treated equally and have the right to argue freely and fully before the court.

Independence, self-determination

• Judicial agencies operate independently and self-determine, not under the influence of any individual or organization.
• Judges are only governed by the Constitution and the law.

Open and democratic

• The trial of cases must be conducted publicly, unless otherwise prescribed by law.
• People have the right to attend court sessions to watch the trial.
• The resolution of cases must ensure democracy and express the will of the people.
• People have the right to participate in judicial activities through forms such as denouncing, providing evidence, and attending court hearings.

Humanity and unity

• The trial of cases must ensure humanity and show respect for human values.
• Criminals have the right to be reformed and educated to become useful citizens for society.
• Judicial activities must be carried out uniformly nationwide, regardless of region, ethnicity, religion, or gender.
• Judicial activities must be carried out in accordance with the Constitution and laws of Vietnam.

Effective

• The resolution of cases must ensure efficiency, timeliness, and deadlines.
• Avoid prolongation and inconvenience for the parties involved in the proceedings.

Other principles

In addition, judicial activities must also follow other principles such as:

Principle of ensuring constitutionality and legality: Judicial activities must be carried out in accordance with the provisions of the Constitution and law.

Principles of ensuring respect and protection of human rights: Judicial activities must be carried out on the basis of respect and protection of human rights and civil rights.

Principles of ensuring safety and confidentiality of information: Judicial activities must be carried out to ensure safety and confidentiality of information according to the provisions of law.

Serious implementation of the principles of judicial activities will contribute to ensuring that judicial activities take place fairly, objectively, and effectively, contributing to building a clean, honest, and fair judicial system. serve the people.

Judicial system in Vietnam

The concept of what justice is includes judicial agencies in it. The judicial system in Vietnam has in common that they all operate based on the constitution and law, with separate powers and responsibilities. Include:

Court

Is a state agency with the authority to adjudicate civil, criminal, administrative, economic, labor, marriage, family, land cases, etc. fairly, objectively, and in accordance with the law. Through judicial activities, the Court contributes to protecting basic human rights and freedoms, and the legitimate rights and interests of citizens and organizations.

The Court's organizational structure includes:

• 4-level People's Court: Supreme People's Court, High People's Court, Provincial People's Court, District People's Court and Town People's Court.
• Trial panel: chaired by the Judge and other Judges.
• Court Secretary's Office: is responsible for assisting the Judge and Trial Council in resolving cases.

What is the Court's operating process in judicial activities? Specifically:

• Initiate a lawsuit: the litigant files a lawsuit with the competent Court.
• Preparing for trial: The court accepts the case, identifies the litigants, people with related rights and obligations, evidence and other documents necessary for the trial.
• Trial: The court holds a trial to hear the case.
• Judgment: The court issues a judgment or decision to resolve the case.
• Execution of judgment: The court executes a legally effective judgment or decision.

Procuracy

The People's Procuracy (People's Procuracy) is a state agency that exercises the power to prosecute and supervise judicial activities of the Socialist Republic of Vietnam, including activities of state agencies and organizations. and personal. If violations are detected, it is necessary to handle violations of the law and crimes, punish criminals, and ensure security and order for society.

The organizational structure of the People's Procuracy consists of 4 levels:

• The Supreme People's Procuracy: is the central agency of the People's Procuracy.
• Higher People's Procuracy: is the agency that manages the People's Procuracy in the region.
• The People's Procuracy at the provincial and central city levels: is the agency that manages the local People's Procuracy.
• The People's Procuracy of districts, towns and cities: is the agency that exercises the right to prosecute and supervise judicial activities in the locality.

Investigation agency

What is a judicial investigation agency? These are state agencies with the authority and responsibility to investigate violations of law in the field of justice, including economics, corruption, etc.

Investigation agencies include: Criminal Investigation Department under the Ministry of Public Security, investigation agencies under the People's Procuracy and investigation agencies under other ministries and branches according to the provisions of law.

Enforcement agency

In the field of justice, judgment enforcement agencies play an important role in ensuring the effective implementation of judgments and decisions issued by courts or competent agencies. The system of judgment enforcement agencies is organized according to the political-administrative system from central to local levels

The system of judgment enforcement agencies includes two levels: civil judgment enforcement agencies and administrative judgment enforcement agencies.

Other agencies

In addition, the judicial system also includes other judicial support agencies and organizations such as: Lawyers, Notaries, Judicial Experts, Legal Consulting Centers, etc. The common point is that these are all sectors. professions and jobs related to law, contributing to the state's judicial apparatus operating more effectively.

Conclusion

The above article has compiled information about what the judiciary is, as well as the judiciary in Vietnam and the role of the judiciary in social life as well as the nation. Our country's judicial system is increasingly improving and developing, towards the common goal of protecting the rights and interests of citizens and contributing to the prosperity of the nation.

See more:

• Bill to ban TikTok in the US passed by House of Representatives
• Can Open AI lawyers be on par with flesh and blood lawyers?