Crimes of Infringing Upon the Marriage and Family Regime According to Vietnamese Law
Author(s)
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Abstract
Research in a complete, comprehensive and systematic way on crimes of infringing upon the marriage and family regime according to Vietnamese criminal law. The research results of the research contribute to building and developing a more complete theory of crimes against the marriage and family regime in our country. The research provides scientific arguments about the content, thereby raising awareness in law building and law application on crimes against the marriage and family regime in accordance with Vietnamese criminal law.
Keywords
Infringing upon the marriage and family regime
References
i. Ia Vư-sin-Xky (1967), Theory of Judicial Evidence in Soviet Law, Propaganda Department, Journal of the Supreme People's Court, Hanoi.
ii. Dao Duy Nh (2013), Vietnam cultural history, Hong Duc Publishing House, Hanoi.
iii. Le Ngoc nh (2005), Ph Ang Jealous's conception of marriage and family love in the original work of the family, the private ownership and the state, Philosophy Magazine, Hanoi.
iv. Vu Hai nh (2017), Doctoral thesis, Honorary crimes and human dignity according to the Penal Code of Vietnam, Vietnam Academy of Social Sciences.
v. Quan Thi Ngoc nh (2005) Master's thesis Criminals of the marriage and family regime, some legal aspects, Hanoi National University.
vi. Criminal Code Drafting Committee (Amended) (2015), Detailed Notes of the Drafting Committee of the Penal Code (amended), March 2015. Hanoi.
vii. Criminal Code Drafting Committee (Amended) (2015), Basic Directions for Development of the Criminal Code Project (revised), Draft.
viii. Verdict, Decision 05/2010 / QD-HS dated September 17, 2010 of the People's Court of Cu Chi District, Ho Chi Minh City, in the Hua Ngoc Kha case for evasion of the obligation to grant excess.
ix. HSST judgment No. 57/2012 / HSST dated October 15, 2012 of the People's Court of District 12, Ho Chi Minh City in the case of Huynh Ngoc Giao committing a crime obstructing marriage.
x. HSST Judgment No. 51/2012 / HSST dated November 6, 2012 of the People's Court of Nha Be District, Ho Chi Minh City, Pham Van Giau's crime against child abuse; HSST verdict No. 85 / HSST dated May 19, 2010 of the People's Court of Binh Chanh district in case Hoang Xuan Co commits mistreatment of grandparents.
xi. HSPT judgment No. 18/2014 / HSPT dated June 20, 2014 of the People's Court of Hoc Mon District, Ho Chi Minh City, in the case of Dang Ngoc Tam committing violations of monogamy; First instance criminal judgment No. 67/2009 / HSST dated June 5, 2009 of the People's Court of District 8, Ho Chi Minh City, Nguyen Minh Man's crime of violating the monogamy.
xii. HSST judgment No. 35/2016 / HSST dated November 10, 2016 of the People's Court of Ho Chi Minh City in the case of Chau Van Con committing rape of children, incest in nature.
xiii. Code of Criminal Procedure of the Socialist Republic of Vietnam (2003), National Political Publishing House, Hanoi.
xiv. Penal Procedure Code of the Socialist Republic of Vietnam (2015), National Political Publishing House, Hanoi.
xv. Penal Code of the Socialist Republic of Vietnam (2003), National Political Publishing House, Hanoi.
xvi. Penal Code of the Socialist Republic of Vietnam (2015), National Political Publishing House, Hanoi.
xvii. Criminal Code of Procedure of the Republic of Vietnam (1972), Khai Tri Bookstore, Saigon.
xviii. Dialectic of nature (1974), Truth Publishing House, Hanoi.
xix. Ministry of Justice (2013), Report on practical review of the implementation of the Penal Code, Hanoi.
xx. Ministry of Justice (1998), Collection of topics, theoretical issues on criminals, TTHS and criminology, Hanoi.
xxi. Ministry of Justice (2014), Report on implementation of the implementation of the Penal Code, Document of the National Conference on reviewing the implementation of the Penal Code 1999.
xxii. Ministry of Justice (2015), Report No. 35 / BC-BTP dated 12/2/2015 On results of summarizing practical implementation of the Penal Code, Hanoi.
xxiii. Ministry of Justice (2015), Report No. 77 / BC-BTP dated March 26, 2015 On Summary, receiving and explaining opinions of ministries, branches and localities on the Criminal Code project (amended), Hanoi.
xxiv. Ministry of Justice (2015), Draft of the Penal Code (amended), submitted to the National Assembly, October 2015, Hanoi.
xxv. Ministry of Justice (2015), Draft Law on the protection, care and education of children (amended), opinion report at session 10, National Assembly term XIII, published online at Website online Draft National Assembly Library - National Assembly Office dated November 20, 2015.
xxvi. Ministry of Justice, Ministry of Public Security, Supreme People's Court, Supreme People's Procuracy (2001), Joint Circular No. 01/2001 / TTLT-BTP-BCA TANDTCVKSNDTC dated September 25, 2001 on guide the application of the provisions of Chapter XV "Crimes on the marriage and family regime" of the 1999 Penal Code, Hanoi.
xxvii. Le Quang Binh (2012), "Evaluation from a social perspective on respect, exercise and protection of gay rights in the field of marriage and family", National Political Publishing House, Hanoi
xxviii. Pham Van Beo (2012), Vietnam Criminal Law, Book 2, National Political Publishing House, Hanoi.
xxix. Government (2001), Decree No. 70/2001 / ND-CP detailing the implementation of the 2000 Law on Marriage and Family, Hanoi.
xxx. The Government (2013), Decree No. 110/2013 / ND-CP dated September 24, 2013 of the Government stipulating the sanction of administrative violations in the field of judicial assistance, judicial administration, marriage and family, civil judgment, corporate bankruptcy, cooperative, Hanoi.
xxxi. Government (2010), Decree 73/2010 / ND-CP of the Government, Hanoi.
xxxii. United Nations Agency on Gender Equality and Empowering Women (N Women) (2015), Equal Rights of Women: CEDAW Prospects, Labor Publishing House, Hanoi.
xxxiii. C. Marx, Ph. Ang jealous (2006), Vol. 6, National Political Publishing House, Hanoi.
xxxiv. Le Cam (1999), Perfecting Vietnam's criminal law in the period of building the rule of law state, People's Public Security Publishing House, Hanoi.
xxxv. Le Cam (2005), Basic issues in the science of criminal law (General section), Publishing House of Hanoi National University.
xxxvi. Le Cam - Nguyen Ngoc Chi (2004), Judicial Reform in Vietnam in the period of building the Rule of Law, National University Publishing House, Hanoi.
xxxvii. Le Cam (2009), The criminal justice system in the period of building the Rule of Law, Publishing House of Hanoi National University, Hanoi.
xxxviii. Le Cam (Editor) (2003), Vietnamese Penal Law Curriculum (Crime Section), National University Publishing House, Hanoi, Hanoi.
xxxix. Le Cam (Editor) (2007), Vietnamese Penal Law Curriculum (General Part), National University Publishing House, Hanoi, Hanoi.
xl. Tran Duc Cham (2012), Crime sociology, National Political Publishing House - Truth, Hanoi.
xli. Pham Minh Chieu (2013), Domestic violence crime prevention activities in Vietnam in the current period of the People's Police force, People's Public Security Publishing House, Hanoi.
xlii. Nguyen Van Cu, Ngo Thi Huong (2003), Some theoretical and practical issues about the 2000 Marriage and Family Law, National Political Publishing House, Hanoi.
xliii. Bui nh Dung (2003), Understanding the crimes of freedom and democracy of citizens, criminals of marriage and family regime, Labor Publishing House, Hanoi.
xliv. Vu Ngoc Duong (2009), "Criminalization, non-criminalization", State Review and Law No. 02/2009.
xlv. Hoang Thanh Dam (translator) (1996), The spirit of law: Extracting 166 chapters with sub-chapters and appendices, Education Publishing House, Law Faculty - University of Social Sciences and Humanities, Hanoi.
xlvi. Hoang Minh Duc (2016) Ph.D. thesis on criminal policy of juvenile offenders in Vietnam today, Vietnam Social Sciences Student.
xlvii. Nguyen Ngoc Diep (2000), Studying crimes on marriage and family regime and juvenile crimes (Compiled under the 1999 Penal Code and the latest documents), Publisher Women, Hanoi.
xlviii. Kim Dinh (1970) Viet elemental theory, An Tiem Publishing House, Saigon.
xlix. Nguyen Minh Doan (2009), The role of law in social life,National Political Publishing House, Hanoi.
l. Communist Party of Vietnam (2001), Document of the Ninth National Congress of Delegates, National Political Publishing House, Hanoi.
li. Communist Party of Vietnam (1984), History of the Communist Party of Vietnam, Publisher The truth, Hanoi.
lii. Communist Party of Vietnam (2002), Document of the Comprehensive Party, National Political Publishing House, Hanoi.
liii. Communist Party of Vietnam (2005), Resolution No. 49-NQ / TW dated 2/6/2005 of the Politburo on Justice Reform Strategy to 2020, Hanoi.
liv. The Communist Party of Vietnam (2005), Resolution No. 48-NQ / TW dated May 26, 2005 on the Strategy for building and completing the legal system of Vietnam up to 2010, with a vision to 2020, Ha Cabinet.
lv. The Communist Party of Vietnam (2002), Politburo's Resolution 08-NQ / TW dated January 2, 2002 on a number of key judicial tasks in the coming time, Hanoi.
lvi. The Communist Party of Vietnam (2005), Resolution 48-NQ / TW dated May 24, 2005 of the Politburo on strategy for building and perfecting the legal system of Vietnam until 2010, with a vision to the year 2020, Hanoi.
lvii. Communist Party of Vietnam (2005), Resolution 49-NQ / TW dated June 2, 2005 of the Politburo on judicial reform strategy to 2020, Hanoi. ileen Skinnider, Dao Le Thu (2015), Implementing international obligations to
lviii. Effective handling of violence against women in review of Vietnam's Penal Code and Criminal Procedure Code: Issues and recommendations that need you to consider in legal reform, N omen's Report in the Coordination Project coordinating with the Ministry of Justice to provide technical assistance to the process of amending the Penal Code and the CrPC.
lix. Truong Van Gioi, Le Khac Kieu Luc (2008), Sino-Vietnamese Dictionary, Social Science Publishing House, Hanoi.
lx. Nguyen Van Hieu (2014), "Human rights in the 2013 Constitution" National Political Publishing House, Hanoi.
lxi. Do Duc Hong Ha (2010), "Complete the provisions of the 1999 Penal Code on Criminals of the marriage and family regime", Journal of Lawyers, No. 03/2010.
lxii. Nguyen Ngoc Hoa (2004), Theoretical and practical criminal composition, Justice Publishing House, Hanoi
lxiii. Nguyen Ngoc Hoa (Editor) (2007), Vietnamese Penal Law Textbook, Volume II, Public Security Publishing House, Hanoi.
lxiv. Nguyen Ngoc Hoa, Le Thi Son (2006), Criminal Law Dictionary, Justice Publishing House, Hanoi.
lxv. Nguyen Thi Hoa (Editor) (2007), Gender, Employment and Family Life, Social Science Publishing House, Hanoi.
lxvi. Do Dinh Hoa (editor) (2011), Textbook of Vietnamese Criminal Law (Crime Section), People's Public Security Publishing House, Hanoi. (Textbooks of the General Department of Construction of the People's Public Security Forces).
lxvii. Chu Manh Hung (2008), "The influence of Confucianism on ensuring equal rights of women in Vietnam", Journal of Law (3), p. 19-24.
lxviii. Do Quang Hung (Editor), Tran Viet Nghia (2013), Modernity and the transformation of Vietnamese culture in modern times, National Political Publishing House, Hanoi.
lxix. Nguyen Thi Thu Huong (2013) Master Thesis Criminals of the marriage and family regime in 1999, National University, Hanoi.
lxx. Tran Minh Huong (editor) (2014), Scientific commentary on the Criminal Code (Amended and supplemented), Hong Duc Publishing House, Hanoi.
lxxi. Nguyen Van Huyen (editor) (2011), Vietnamese Penal Law Textbook, Justice Publishing House, Hanoi.
lxxii. Dinh Bich Ha (translator) (2007), Criminal Code of the People's Republic of China, Justice Publishing House, Hanoi.
lxxiii. Law Faculty, National University of Hanoi (1998), Curriculum on History of State and Law of Vietnam, National University Publishing House, Hanoi, Hanoi.
lxxiv. Law Faculty, National University, Hanoi (1999), Criminal Curriculum, National University Publishing House, Hanoi.
lxxv. Law Faculty, National University of Hanoi (2007), General Theory Textbook on State and Law, Hoang Thi Kim Que (editor), National University Publishing House, Hanoi.
lxxvi. Proceedings of the Scientific Workshop on International Experiences on the Protection of LGBT's Rights in Marriage and Family Relations, organized by the Government of Vietnam in collaboration with the United Nations Development Program on 20, 21 / 12/2012.
lxxvii. Criminal case adjudication skills (2004), Justice Publishing House, Hanoi.
lxxviii. Nguyen Thi Lan (2011), Criminalization and non-criminalization, criminalization and de-criminalization, Grassroots level scientific research topic (Code KL.10.03), Law Faculty, National University of Hanoi .
lxxix. Nguyen Thi Lan (2015), "Acts of violating the monogamy with socio-legal aspects and raised problems", Journal of Science - Intensive Law (1), page 43 -39.
lxxx. Pham Van Loi (editor) (2007), Criminal policy in the doi moi era in Vietnam, Justice Publishing House, Hanoi.
lxxxi. Dang Van Lung, Nguyen Song Thao, Hoang Van Tru (1999), Customs and habits of Vietnamese ethnic groups, National Cultural Publishing House, Hanoi.
lxxxii. Nguyen Thi Lan (2015), "Discussing incest and incestuous crimes in Vietnam's criminal law", Journal of Science - Journal of Law (4), p. 50-55.
lxxxiii. Nguyen Thi Lan (2016), "The provisions of the 2015 Criminal Code on crimes of the marriage and family regime and the issue continue to be improved", Journal of Science - Journal of Law (2), p. 26-33.
lxxxiv. Nguyen Thi Lan (2015), "Acts of violating the monogamy with socio-legal aspects and raised issues", Journal of Science - Law Specialist (1), p. 43-49.
lxxxv. Nguyen Thi Lan (2017), Ph.D. Thesis Crimes on the marriage and family regime according to Vietnam's criminal law, Hanoi National University.
lxxxvi. Law on Organization of People's Courts (2002), National Political Publishing House, Hanoi.
lxxxvii. Law on Organization of People's Courts (2014), National Political Publishing House, Hanoi
lxxxviii. Law on Marriage and Family (2000), National Political Publishing House, Hanoi
lxxxix. Law on Marriage and Family (2014), National Political Publishing House, Hanoi
xc. Some legal documents of Vietnam in the fifteenth and eighteenth centuries (1994), the Social Sciences Publishing House, Hanoi.
xci. Montesquieu (1996), The spirit of law, Education Publishing House, Hanoi.
xcii. Vu Van Mau (1967), General Law Faculty (First year Bachelor of Laws: Introduction to Law - Family Law), First book, Saigon University, Saigon.
xciii. Vu Van Mau (1967), Civil Law Lecturer (First year Bachelor of Law: Family Law), Book Two, Saigon University, Saigon.
xciv. Vu Van Mau (1968), Viet Nam Dan Luat's lecture: Family Law Book 1, volume 1, Saigon Publishing House, Saigon.
xcv. Nguyen Tuyet Mai (2007), "Vietnam's criminal law from a gender perspective", Journal of Law No. 03/2007, p. 42-45.
xcvi. Bui Thi Mung (2007), "Principles of applying customs and practices in the Marriage and Family Law from a gender perspective", Journal of Law (3), p. 46-53.
xcvii. Bui Thi Mung (2015), PhD thesis, Marriage institution in HN and family law, theoretical issues, Hanoi Law University.
xcviii. National Political Publishing House (1995), National Court of Law, Hanoi.
xcix. National Political Publishing House (1996), Ho Chi Minh City complete volume, Hanoi.
c. Thoi Dai Publishing House (2011), Dai Viet History Full Letterhead, Hanoi.
ci. Ho Trong Ngu (2002), Some basic issues of criminal policy in light of the Resolution of the Ninth Congress of the Party, National Political Publishing House, Hanoi.
cii. Pham Cong Nhat (2014), “Differences in East-West culture and thoughts on the current Vietnamese cultural development”, Communist Review, (Electronic newspaper), February 2 3 / 2014V.I. Lenin (1962), Complete Works, Volume 4, The Truth Publishing House, Hanoi.
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