PROMOTING EFFICIENCY OF LAW ON HANDLING WITH VIOLATIONS OF ENFOCEMENT OF THE CIVIL JUDGEMENTS IN VIETNAM TODAY

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY NGUYEN TUAN AN PROMOTING EFFICIENCY OF LAW ON HANDLING WITH VIOLATIONS OF ENFOCEMENT OF THE CIVIL JUDGEMENTS IN VIETNAM TODAY Specialized major: Theory and history of state and law Code: 62.38.01.01 SUMMARY OF DISSERTATION HANOI 2014 The dissertation is completed at: HANOI LAW UNIVERSITY Academic Supervisor: Prof.Dr. Hoang The Lien Reviewer 1: Dr. Dinh Trung Tung Reviewer 2: Prof.Dr. Nguyen Thi Viet Huong Reviewer 3: Dr. Nguyen Cong Binh Dissertation will be examined by the Council of Dissertation Evaluation at Hanoi Law University at date / / 2014 Dissertation is available at: 1) National Library; 2) Library of Hanoi Law University. 1 INTRODUCTION 1. Implication of the dissertation Law on handling with violations of enforcement of the civil judgements is a vital part of the legal system of Vietnam. Therefore, Vietnam should focus on providing and improving law on handling with violations of enforcement of the civil judgements as a key factor for developing and promoting efficiency of legal system. In reality, law on handling with violations of enforcement of the civil judgemens reveals limitations and shortcomings. Due to the lack of comprehensive legal frameworks for handling with violations of enforcement of the civil judgements; therefore, obstacles of this mechanisms have not been handled with promptly. Especially, law on handling with violations of enforcement of the civil judgments in reality has revealed confliction, overlap, and inconsistence with the demands of practice and social life. Many problems occured in handling with violations of enforcement of civil judgments has not been solved, amended, and supplemented timely. In addition, the violations of enforcement of the civil judgments have happened more diversely and complicatedly. Handling with violations of enforcement of the civil judgements which is not strict enough and ineffective has affected nagatively to people’s trust, to the superemacy of laws, and as well as broken the state’s disciplinary. Therefore, the requirement of providing and improving efficiency of law on handling with violations of enforcement of civil judgements is becoming urgent need of Vietnam. Hence, promoting efficiency of law on handling with violations of enforcement of the civil judgements in order to ensure that legal regulates are consistent with practice, to maintain the superemacy of law, to build up an efficient, effective and consistent of legal system for ensuring legal regulations are implemented effectively in reality. Dissertation theme: "Promoting efficiency of law on handling with violation of enforcement of the civil judgements in Vietnam today" is selected according to reasons as mentioned above. 2 2. Subject and Scope of Research Theme Subject of the dissertation illustrates view points, thoughts of handling with violations of enforcement of the civil judgements, the current legal situations as well as sollutions for promoting efficiency of law on handling with violations of enforcement of the civil judgements. The scope of dissertation focuses on summarizing and systematizing and briefly explaining theory of promoting efficiency of law on handling with violations of enforcement of the civil judgements; evaluating the good points and weaknesses of this issue and proposing solutions to further improve efficiency of law on handling with violation of enforcement of the civil judgements in Vietnam today. 3. Research Methodology The dissertation has been carried out basing on the methodology of Marxism - Leninism in addition with the other methodologies such as: systems, analysis, comparison, synthesis, statistics, specific historical study, baseline surveys, and comparative study between legal theory and practice. 4. Research objectives and study mission The aim of this research is to propose measures to further promoting efficiency of law on handling with violations of enforcement of the civil judgments. In order to reach the above mentioned objectives, the research focuses on: analyzing, clarifying the concepts, characteristics and the role of law on handling with violations of enforcement of the civil judgments; identifying the concepts, features, contents and the forms of law enforcement of the civil judgements; proposing the objectives and solutions to promote efficiency of law on handling with violations of enforcement of the civil judgments; and briefly determining the criterias for evaluating efficiency of law on handling with violations of enforcement of the civil judgments.This dissertation also evaluates the current problems and efficiency of law on handling with violations of enforcement of civil judgements. This research analyzes the 3 principles as well as solutions for promoting efficiency of law on handling with violations of enforcement of the civil judgements. 5. Research’s contribution to legal sience Dissertation contributes to legal science as follows: introducing the concept, features, contents and the role of law on handling with violations of enforcement of the civil judgements; defining the concept and analyzing the features, contents and those forms; clarifying the objectives, content and the rationality of promoting efficiency of law on handling with violations of enforcement of the civil judgments; determining criterias for evaluating efficiency of law on handling with violations of enforcement of the civil judgments; analyzing and evaluating the good points and weaknesses as well as achievements and restrictions of law on handling with violations of enforcement of the civil judgments. This paper also analyzes principles for evaluating efficiency and solutions to promote efficiency of law on handling with violations of enforcement of civil judgements. 6. Research’s implication in theory and practice aspects Results of the research will contribute to theory of enforcement, law on enforcement of civil judgments and law on handling with violations of enforcement of the civil judgments; provide scientific and practical arguments as valuable references for providing and promoting efficiency of law on handling with violations of enforcement of the civil judgments. This dissertation can be good references for researching, teaching in legal training institutions and judicial vocational training institutions. 7. Structure of the dissertation The dissertation includes 4 chapters in addition with the other sections such as: introduction, conclusion, list of references, and appendices. Chapter 1 OVERVIEW OF STUDIES RELATED TO RESEARCH TOPIC Many research related to promulgating and reforming legal system in Vietnam have been carried out through evaluating and examining 4 comprehensively in both legal theory and practice aspect. However, those researches only mention generally and broadly the solutions to promoting efficiency of legal system in Vietnam. 1.1. Content of researches related to the dissertation In order to reach research’s objective, the study of previsous researches related to the theme of dissertation focuses on the following aspects: handling with violations of enforcement of the civil judgments; law on handling with violations of enforcement of the civil judgments. 1.2. Evaluating results of studies directly related to the dissertation theme Advantages: Previous studies indicate that handling with violations of enforcement of the civil judgments is one of the most important contents and it is essential for handling strictly with violations in enforcement of the civil judgments. In addition, these studies also indicate that violation of law on enforcement of civil judgments have happened popularly and carried out in diversify maner. These researches also raise practical requirements to strengthening legislation and to strictly handling with violations of enforcement of the civl judgments. Disadvantages: The researches related to promoting efficiency of law on handling with violations of enforcement of the civil judgments are quite limited. In addition, these papers only focus on analyzing and determining some kind of violations in general but not studying deeply the differences of each violations of enforcement of civil judgments. The studies related to violations, handling with violations, and impact violations to the process of enfocement of the civil judgements have not yet carried out comprehensively and have remained many limitations. These related researches have not yet identified the importance of law and propose the sultions to promoting efficiency of law on handling with violations of enforcement of the civil judgments. In addition, these research papers have not yet focused on the contents which required to study deeply in order to determine solutions for promoting efficiency of law on handling with violations in enforcement of civil judgments. 5 Conclusion of chapter 1 1. At present, the researches related to the law on handling with violations of law enforcement of the civil judgments are still limited. 2. The previous researches have not mentioned and clarified the contents which are needed to be studied deeply. 3. Dissertation theme: "Promoting efficiency of law on handling with violations of enforcement of the civil judgments in Vietnam today" will focus on researching, analyzing and clarifying the theory of promoting efficiency of law on handling with violations of enforcement of the civil judgments in theory; the current pratice and improvement of law on handling with violations of enforcement of the civil judgments; consequently, the solutions to improve law on handling with violations of enforcement of the civil judgments will be proposed basing on aboved analysis. Chapter 2 THEORETICAL GROUND FOR PROMOTING EFFICIENCY OF LAW ON HANDLING WITH VIOLATIONS OF ENFORCEMENT OF THE CIVIL JUDGMENTS 2.1. Concept, features and the meaning of law on handling with violations of enforcement of the civil judgments 2.1.1. Concept of handling with violations of enforcement of the civil judgments Violations of enforcement of the civil judgments are illegal acts, guilty carried out by individual or legal person causing damage to the other subjects that defined and protected by law in process of enforcement of the civil judgments. Violations of enforcement of the civil judgments include: administrative violations; crimes; violations of civil law regulations; disciplinary violations; law violations causing damages in public duty enforcement; legal violations causing damage to the civil judgment enforcement agencies. 6 Legal liability refers to a negative measure applied for a individual or legalperson who violates legal regulations on enforcement of the civil judgments, and this liability is defined by legal regulations on handling with violations of enforcement of civil judgments. Liability applied in process of enforcement of the civil judgments includes: administrative liability; criminal liability, civil liability, disciplinary liability, compensation liability when public official carries out public duty; liablity for compensation of state organ and liability for reimbursement of public official are applied in case of causing damages to enforcement of the civil judgments. Handling with violations of enforcement of the civil judgments is legal application activity carried out by state agencies and competent person, which indicates enforcement nature and state power in order to detect, prevent and handle with violations of enforcement of the civil judgment carried out by various forms, measures and under the procedures prescribed by laws. Handling measures for violations of law on enforcement of the civil judgments includes: administrative sanctions, criminal penalties, disciplinaries, and the other handling measures related to: civil violations; violations causing damages when public official carries out public duty; and, violations caused damage to civil judgment enforcement agencies. 2.1.2. Basic characteristics of handling with violation in civil judgment enforcement - Handling with violations of enforcement of the civil judgments is legal application activity carried out by state agencies and competent person; mainly focuses on applying coercive sanctions which indicate enforcement nature and state power to individual or legal person that violated the law on enforcement of the civil judgments prescribed by laws. - Handling with violations of enforcement of the civil judgments is a process includes activities of detecting, preventing and handling with violations in the enforcement of civil judgments by various forms and measures and implementating organization towards handling with those violations in accordance with the law. 7 - Handling with violations of enforcement of the civil judgments is only applied for violations which happend in process of enforcement of the civil judgements. - Handling with violations in process of enforcement of the civil judgments is guaranteed by state power. - Handling with violations of enforcement of the civil judgments must be carried under the procedures prescribed by laws on handling with violations of enforcement of the civil judgments. - Handling with violations of enforcement of the civil judgments has specific features which are criterias for determining the differences with the other measures for handling with violations in various fields of social life. 2.1.3. Meanings of handling with violations of enforcement of civil judgments Handling with violations of enforcement of the civil judgments is the siginficant measure for: preventing and dealing with violations of enforcement of the civil judgments; ensuring the fairness in the field of enfocement of the civil judgments; ensuring the binding of civil judgements or decisions carried out under legal regulations on handling with violations of enforcement of the civil judgments; improving quality and effectiveness of enforcement of the civil judgment; ensuring that the legal regulations on enfocement of the civil judgment are implemented correctly, strictly and effectively in practice; to contribute partially to process of promoting social security in process of enfocement of the civil judgment; educating and raising public awareness of law on enforcement of the civil judgments. 2.2. Concept, features, contents and forms of law on handling with violations of enforcement of civil judgments 2.2.1. Concept of law on handling with violations of enforcement of the civil judgments Legal frameworks of handling with violations of enforcement of the civil judgments consist of legal regulations applied for all activities causing damage to individual or organization in process of handling with violation of enforcement of the civil judgement. Legal frameworks of handling with violation of enforcement of the civil judgements include: regulation on 8 sanctioning of violations; liability; subjects who bear liablity; time limitation for handling with vilolations, forms and measures of handling with violations; competent agencies or person to deal with violations; procedures for violations handle, complaints and denunciations settlement in process of civil judgement enforcement. 2.2.2. Features of law on handling with violations in enforcement of civil judgments - Law on handling with violations of enforcement of the civil judgments includes legal regulations applied for illegal acts that violate regulations prescribed by law on civil judgement enforcement. - Legal frameworks for defining violations and violation handle in civil judgement enforcement reflect specific features in process of enforcing civil judgements. - Legal frameworks for handling with violations of enforcement of the civil judgments defines the process of excersing state power in order to deal with violations happened in process of civil judgement enforcement by the measures and forms that prescribed by laws. - Contents of law on handling with violations of enforcement of the civil judgments are provided variously. - Legal regulations on handling with violations of enforcement of the civil judgments are provided by different types of legal normative documents. - Law on handling with violations of enforcement of the civil judgments related tightly to the law on handling with violations of enforcement of the civil judgments as well as the other laws. - Law on handling with violations of enforcement of the civil judgments has specific features that are criterias for distinguish with law on handling with violations in other fields of social life, especially to related fields. 2.2.3. Content of law on handling with violations of enforcement of the civil judgments 9 Contents of law on handling with violations of enforcement of the civil judgments include provisions that define: sanctioning of violations; liability; subjects who bear liablity; time limitation for handling with vilolations, forms and measures of handling with violations; competent agencies or person to deal with violations; procedures for violations handle, complaints and denunciations settlement in process of civil judgement enforcement.These contents are provided in detail corresponding to each type of violations in process of civil judgment enforcement. 2.2.4. Forms of law on handling with violations of enforcement of the civil judgments Forms of law on handling with violations of enforcement of the civil judgments enforcement are represented in many legal normative documents according to each type of law violations, including legal normative documents on handling with: administrative violations; crime; civil violations; disciplinary; violations that caused damages when carrying out public duty; and violations that caused damage to civil judgment enforcement agencies. 2.3. Definition, meanings and standards for determining efficiency of law on handling with violations of enforcement of civil judgments 2.3.1. Definition of law on handling with violations of enforcement of the civil judgments Promoting efficiency of law on handling with violations of enforcement of the civil judgments in prossible defined as the activities of different state agencies, organizations and individuals, basing on specific principles, through utilizing various forms and measures to promote efficiency of law on handling with violations in civil judgment enforcement in order to ensure that legal frameworks for handling with violations of civil judgement enforcement to be more and more comprehensively, unificationally, feasibly, openly, transparently as well as to meet the requirements of state management in process of building socialist rule of law state, developing market economic-oriented socialist country and international integration period. 10 2.3.2. Meanings of promoting efficiency of law on handling with violations in enforcement of civil judgments Promoting efficiency of law on handling with violations of enforcement of the civil judgments plays important role as well as responds to current needs of Vietnam. Promoting efficiency of law on handling with violations of enforcement of the civil judgments will contribute to ensuring the rights and fundamental freedoms of citizens. Effective handling with violations of enforcement of the civil judgments will improve the quality of civil judgment enforcement. Promoting efficiency of law on handling with violations of enforcement of the civil judgments will contribute to legalizing fully, comprehensively the viewpoints and policies of the Party and to improving law on enforcement of the civil judgments, law on handling with violations as well as the Vietnamese laws in general; to ensuring the supremacy of law and the equality of society; to improving quality and effectiveness of civil judgment enforcement; to creating a comprehensive and stable legal basis for handling with violations of civil judgment enforcement; to setting up a ground for establishing, promoting and strengthening social security in process of enforcing the civil judgments; to ensuring the rights and legitimate interests of State, society, and citizens; to strengthening cooperation mechanisms among agencies and related organs in process of enforcing civil judgments; to raising legal awareness for the people. 2.3.3. Criterias for identifying efficiency level of law on handling with violations of enforcement of the civil judgments - Comprehensiveness that requies law on hanlding with violations of enforcement of the civil judgements to consisting of all legal normative documents, legal institutions, legal norms which cover all aspects of law on handling with violations of enforcement of the civil judgments. - Consistency that requires law on hanlding with violations of enforcement of the civil judgements which include all legal institutions, legal institutions, and legal normative documents to be provided systematically and consistently. 11 - Suitability that requires law on handling with violations of enforcement of the civil judgments must be consistent and coherent with political, economy, society conditions of the country and in accordance with viewpoints, policy of the Party and legal policy of the State. - Scientification that requires law on handling with violations of enforcement of the civil judgments to establishing and improving efficiency of legal regulations basing on optimal principles, to determining exactly the structures, and to be promugated at a high level of legislative for ensuring the comprehensiveness and scienctific viewpoint. - Practicality that requires law on handling with violations of enforcement of the civil judgments to be examined, evaluated, and reviewed oftenly basing on practice conditions in order to amend and improve timely. - Publicity and transparency that require law on handling with violations of enforcement of the civil judgments to be provided by competent organs, and published widely as prescribed by laws. - Democracy that requires the process of promulgating the law on handling with violation of enfocement of the civil judgements to creating a channel for public participation in order to enable people to contribute their opinion on the drafting document. Conclusion of chapter 2 1. Violations of enforcement of the civil judgments are illegal acts, guilty carried out by individual or legal person causing damage to the other subjects that defined and protected by law in process of enforcement of the civil judgments. Each violation will be applied an appropriate liability. 2. Handling with violations of enforcement of the civil judgments is legal application activity carried out by state agencies and competent person, which indicates enforcement nature and state power in order to handle with violations of enforcement of the civil judgment carried out by various forms, measures and under the procedures prescribed by laws. Handling with violations of enforcement of the civil judgments has some common features of handling 12 measures of the other violations, but also has some specific features. Handling with violations of enforcement of the civil judgments plays a vital role in society. 3. Law on handling with violations of enforcement of the civil judgments includes all regulations which applied for violations causing damage to social relationships prescribed by laws in process of enforcing civil judgements. Contents and forms of law on handling with violations of enforcement of the civil judgments are defined variously. Law on handling with violations of enforcement of the civil judgments has its own characteristics due to specific features of civil judgment enforcement. 4. Promoting efficiency of law on handling with violations of enforcement of the civil judgments is the process that requires all state agencies, organizations, and individuals to take part in basing on specific principles, and by different forms and measures that legalize the Party and State viewpoints and policy and the willings of people. Promoting efficiency of law on handling with violations of enforcement of the civil judgements aims at ensuring legal system to be more comprehensive, unified, open and transparent, feasible, radical innovation, full of legal institutions, and legal frameworks for handling with violations of enforcement of the civil judgments, respond to the needs of state management and maintain social order in process of enforcing civil judgments. 5. Promoting efficiency of law on handling with violations of enforcement of the civil judgments is an essential requirement and objective needs of society. 6. It is essential to base on different criterias for determining the level of efficiency of law on handling with violations of enforcement of the civil judgements. Chapter 3 CURRENT SITUATION OF LAWS AND PROMOTING EFFICIENCY OF LAW ON HANDLING WITH VIOLATIONS OF ENFORCEMENT OF THE CIVIL JUDGMENTS 13 3.1. Current situation of laws on handling with violations of enforcement of the civil judgments 3.1.1. Advantages and achivements - Legal regulations on handling with violations of enforcement of the civil judgments are provided completely and comprehensively in order to meet the requirements of handling with violations of civil judgment enforcement. - Legal regulations on handling with violations of enforcement of the civil judgments are consistent and synchronous relatively. - Legal regulations on handling with violations of enforcement of civil judgments are basically suitable with politics, economic, and social conditions of Vietnam. - Legal regulations on handling with violations of enforcement of the civil judgments meet the scientific standards. - Legal regulations on handling with violations of enforcement of the civil judgments reflect the practical needs. - Legal regulations on handling with violations of enforcement of the civil judgments have ensured basically publicity and transparency. - Legal regulations on handling with violations of enforcement of the civil judgments have ensured democratic value. - Processs of implementing law on handling with violations in enforcement of civil judgments has achieved significant results. 3.1.2. Disadvantages and limitations - Legal regulations on handling with violations of enforcement of the civil judgments still remain shortcomings. - Legal regulations on handling with violations ofenforcement of the civil judgments still include some provisions that are inconsistent and noncomprehensive. 14 - Legal regulations on handling with violations of enforcement of the civil judgments still remain limitation and have not yet responded to practical requirements. - Some regulations on process, procedures for handling with violations of enforcement of the civil judgments are not relevant to practical needs. - The processs of implementing law on handling with violations of enforcement of civil judgments still reveal some limitations. 3.1.3. Causes 3.1.3.1. Cause of advantages and achivements Advantages and achievements resulted from reasons as follows: Perception of promulgating and promoting efficiency law on handling with violations of enforcement of the civil judgments is increasingly focused on; Examining, supervising, reviewing, and evaluating effectiveness of law implementation have been carried out intensively; legal grounds for developing law are increasingly guaranteed; legislative technic is increasingly improved; the process of implementing law on handling with violations of enforcement of civil judgments is increasingly focused on... 3.1.3.2. Causes of disadvantages and limitations Disadvantages and limitations still remain because of following reasons: Viewpoints of organizations and individuals in society about the role of measures for handling with law violations is insufficient and different; the process of promulgation and promotion efficiency of law on handling with violations in enforcement of civil judgments still reveal some limitations; the process of improving legal system in Vietnam is affected by political, economic, ideological, historical, cultural, and social factors of Vietnam; laws on handling with violations of enforcement of the civil judgements has not yet trained, introduced to public widely. 3.2. Current situation of promoting efficiency of law on handling with violations of enforcement of the civil judgments 15 3.2.1. Advantages, achivements and causes of promotion efficiency of law on handling with violations of enforcement of the civil judgments 3.2.1.1 Advantages and achivements of promoting efficiency of law on handling with violations of enforcement of the civil judgments - During the process of formulating and developing law on handling with violations of enforcement of the civil judgments, a large number of legal normative documents have been promulgated. Legal system is increasingly improved to be more comprehensive and widen scope. - The development of legislation related to handling with violations of enforcement of the civil judgments has gradually strengthened and contributed to improving quality of legal normative documents. - The legal regulations on handling with violations of enforcement of the civil judgments have been amended, revised, and abolished by new regulations promptly. - The process of developing and improving legal regulations on handling with violation of enforcement of the civil judgments has carried out consistently and under procedures prescribed by laws. - Quality of laws on handling with violation of enforcement of the civil judgments has been improved. - The legislation development and promotion efficiency of laws on handling with violation of enforcement of the civil judgments has been carried with main focus on improving quality, responsiveness of the social needs in civil jugdment enforcment. - Laws on handling with violations of enforcement of the civil judgments have been formulated and improved relatively which are more consistent, balance, and harmonious. - Legal regulations on handling with violations of enforcement of the civil judgments have their own features, and with both traditional and modern aspect. 16 - Legislative technique in general and technique for formulating legal regulations on handling with violations in enforcement of civil judgments in particular have been increasingly improved. 3.2.1.2. Causes of advantages and achivements The development and improvement laws on handling with violations of enforcement of the civil judgments has been focused and strengthened. Perception and viewpoints of development and improvement of laws on handling with violations of enforcement of the civil judgments has been enhanced. The proposed programs and plans for promoting efficiency of laws on handling with violations of enforcement of civil judgments have been focused and improved. The State has focused on doing researches related to basical theories of laws, legal technique as well as concentrated to examining, reviewing, evaluating of effectiveness, and giving essential budgets for these activities. 3.2.2. Disadvantages, limitations, and causes of promotion efficiency of law on handling with violations of enforcement of civil judgments 3.2.2.1. Disadvantages and limitations of promotion efficiency of law on handling with violations of civil judgment enforcement. - The development and improvement of law on handling with violations of enforcement of the civil judgments has not been carried out effectively and achieved its target. - The development and improvement of law on handling with violations of enforcement of the civil judgments has not been considered properly. - The quality of development and improvement of law on handling with violations in enforcement of civil judgments is still limited. - Process of promoting efficiency of law on handling with violations of enforcement of the civil judgments has not been carried out comprehensively, consistently in all aspects of legal system. - Strategic programs and plans for promoting efficiency of law on handling with violations in enforcement of civil judgments reveal shortcomings and are not considered seriously. 17 - The process of improving law on handling with violations of enforcement of civil judgments is not conducted frequently and does not respond to the social needs. - Promoting efficienct of law on handling with violations in enforcement of civil judgments has been carried out unintentionally without master implementation plan in many cases. - The quality of evaluating and reviewing legal regulations on handling with violations in enforcement of civil judgments remains very low. - The proposals for improving law on handling with violations in enforcement of civil judgments have been carried without basing on both theory and practical aspects; therefore they could not meet the needs of society. - The evaluation of law on handling with violations of enforcement of the civil judgments has not been conducted frequently and wholly. - Conditions to ensure the improvement of law on handling with violations of civil judgments enforcment has some limitations. 3.2.2.2. Causes of disadvantages and limitations There is a lack of essential resources such as: human, facilities, technique, and finance for developing and promoting efficiency of law on handling with violations of enforcement of the civil judgments. There is also limitation in understading about the needs for promoting efficiency of law on handling with violations in enforcement of civil judgments. The State has not made master and strategic plans for improving law on handling with violations of enforcement of civil the judgments. In addition, civil judgment enforcement is not defined as one of the most important aspects in society. Researching, evaluating and reviewing the quality and efficiency of improvement process of law on handling with violations of enforcement of the civil judgments reveals many shortcomings and carried out slowly. Conclusion of chapter 3 1. There are significant achievements of law on handling with violations in enforcement of civil judgments according to evaluation of curent law on 18 handling with violations of enforcement of the civil judgments basing on the content, form, and implementation aspects. 2. Although law on handling with violations of enforcement of the civil judgments also has advatanges and achivements but also has many disadvantages and limitations. 3. From the pratical point of view, the process of improving improving law on handling with violations in enforcement of civil judgments recently has gained some significant results and achivements. 4. However, the process of promoting efficiency of law on handling with violations of enforcement of the civil judgments has some certain disadvantages and limitations as well as has not yet met desired targets. 5. There are many reasons in both objective and subjective sides that raised many challenges to process of promoting efficiency of law on handling with violations in enforcement of civil judgments. 6. It is essential to continue promoting efficiency of law on handling with violations of enforcement of the civil judgments in order to ensure that legal regulations on handling with violations in enforcement of civil judgments are more comprehensive, consistent, and feasible. Chapter 4 SOLUTIONS FOR PROMOTING EFFICIENCY OF LAW ON HANDLING WITH VIOLATION OF ENFORCEMENT OF THE CIVIL JUDGMENTS 4.1. Principles of promoting efficiency of law on handling with violations of enforcement of the civil judgments 4.1.1. General Principles 4.1.1.1. Promoting efficiency of law on handling with violations of enforcement of the civil judgments is an urgent need for building socialist rule of law state of Vietnam. 19 4.1.1.2. Promoting efficiency of law on handling with violations of enforcement of the civil judgments must base on the requirements of open market socialist-oriented economy. 4.1.1.3. Promoting law on handling with violations of enforcement of the civil judgments must follow the needs to promote international cooperation in legal, judicial areas and international economic integration. 4.1.2. Particular principles 4.1.2.1. Promoting effiency of law on handling with violations of enforcement of the civil judgments has been carried out basing on: Resolution No. 48-NQ/TW dated 24 May 2005 issued by Communist Party on strategies to develop and promote efficiency of legal system in Vietnam by 2010 and strategy to 2020; and Resolution No. 49-NQ/TW dated 02 June 2005 on judicial reform strategy by 2020 issued by Politburo of Central Communist Party. Promoting efficiency of law on handling with violations of the civil judement enforcement has carried out in order to specify regulations of Constitution on the principles of strictly handling with violations; of strictly binding and enforcment judgements and dicisions of court in order to protect human rights and citizen’s rights. 4.1.2.2. Promoting efficiency of law on handling with violations of enforcement of the civil judgments needs to be implemented in connection to process of enhancing the effectiveness of civil judgment enforcement; maintaining public order of civil judgement enforcment; and ensuring that legal relationships related to civil judgment of enforcement are established and carried out under legal frameworks of law on civil judgement enforcment. 4.1.2.3. Promoting efficiency of law on handling with violations of enforcement of the civil judgments must comply with process of imporing legal system in Vietnam in order to ensure consistency and coherent. 4.1.2.4. Promoting efficiency of law on handling with violations of enforcement of the civil judgments must be carried out in relation with the process of improving the quality of violation settlement in process of civil 20 judgment enforcement in order to ensure the efficiency, effectieveness and supremacy of laws. 4.1.2.5. Promoting efficiency of law on handling with violations of enforcement of the civil judgments must create an effective channel for cooperation among relevant agencies in process of handling with violation of enforcement of the civil judgements. 4.1.2.6. Promoting efficiency of law on handling with violations of enforcement of the civil judgments must be carried out parellely with the process of raising, training, and educating legal knowledges of public, as well as process of maintaining professonal staffs of this field. 4.1.2.7. Enhancing democracy and promoting the participation of people and social organizations in legislative activities in order to ensure that: law on handling with violations of enforcement of civil judgments is enforced fully and reflected properly the wills and aspirations of people; the supremacy of law principle is strengthened in process of promulgating, developing and improving the law on handling with violations of enforcement of the civil judgments. 4.2. Solutions for developing and promoting efficiency of law on handling with violations of enforcement of the civil judgments 4.2.1. Solutions for promoting efficiency of law on handling with violations of enforcement of the civil judgments Option 1: Legal regulations on handling with violations in enforcement of civil judgments will be fully systemized and provided by an Act on handling with violations of civil judgement enforcement. There are two ways for implementing this proposal such as: promulgation of a specialized act on handling with violations in enforcement of civil judgments; or law on civil judgement enforcement will have one chapter for providing provisions on handling with violations of civil judgement enforcement. Option 2: The forms and contents of legal regulations on handling with violations of enforcement of the civil judgments will be maintained as current. 21 However, it is essential to amend and suplement those regulations in order to ensure that legal regulations on handling with violations of civil judgement enforcement are more consistent, comprehensive, and coherent. Although the above mentioned proposals have their advantages and disadvantages but the proposal 2 is a feasible and reasonable solution in a comprehensive review, it is seen that scheme 2 is more reasonable. 4.2.2. Content of improving law on handling with violation of enforcement of the civil judgments According to the option 2 as mentioned above, improving law on handling with violation of enforcement of the civil judgments includes two major works: codifying legal regulations on handling with violations of civil judgement enforcement and amending, supplementing as well as promulgating new regulations. Promoting efficiency of law on handling with violations of enforcement of the civil judgments according to this option will be performed comprehensively through the contents of laws and each handling measure of violation of law on civil judgment enforcement: handling measures applied for administrative violations, crimes, civil violations, disciplinary violations, violations causing damages when public official carries out public duty; and, violations caused damage to civil judgment enforcement agencies. 4.3. Solution for raising awareness 4.3.1. Raising awareness of state agencies and sectors about the importance of promoting efficiency of law on handling with violations of enforcement of civil judgments 4.3.2. Summarizing and evaluating deeply, comprehensively law on handling with violations of enforcement of the civil judgments based on current practice and the practical requirements in order to develop theoretical grounds and propose solutions for improving law on handling with violations of enforcement of the civil judgments 4.3.3. Developing theoretical grounds and scientific arguments on promoting efficiency of law on handling with violations of civil judgments enforcement 22 4.3.4. Reforming process and procedures of developing and improving law on handling with violations of enforcement of the civil judgments 4.4. Solutions for law implementation 4.4.1. Enhancing the role and capacity of the civil judgment enforcement agencies in implementing law on handling with violations of enforcement of the civil judgments 4.4.2. Building capacity of public servants who are responsible for implementing law on handling with violations of enforcement of the civil judgments 4.4.3. Monitoring the implementation of law on handling with violations of enforcement of the civil judgments Conclusion of chapter 4 1. Promoting efficiency of law on handling with violations of enforcement of the civil judgments must follow fundamental principles. In addition, the process of improving law on handling with violations of civil judgments enforcement has to meet the typical requirements of civil judgment enforcement in Vietnam. 2. Promoting efficiency of law on handling with violations of enforcement of the civil judgments plays important role currently. 3. Promoting efficiency of law on handling with violations of enforcement of the civil judgments requires to dealling with disadvantages and limitations of legal regulations on handling with violations of enforcement of the civil judgments as well as reaching the administrative reform target. 4. Promoting efficiency of law on handling with violations of enforcement of the civil judgments must be conducted comprehensively through improving both contents and form of laws. 5. Systemizing and codifying legal regulations on handling with violations of civil judgement enforcement is the most important factor for developing and promoting efficiency of that law currently. Therefore, it is necessary to amend, supplement and promulgate new legal regulations on handling with violations of civil judgments enforcement. 5. In order to promote efficiency of law on handling with violations of enforcement of the civil judgments, it is essential to raise public awareness 23 about the meaning of improving law on handling with violations of enforcement of the civil judgments. 6. The implementation of law plays important role in process of promoting efficiency of law on handling with violations of enforcement of civil judgments. CONCLUSION 1. Law on handling with violations of enforcement of the civil judgements consists of all legal regulations on handling with violations causing damages to social relations, and happening in process of organizing and implementing civil judgement, in which, handling with violations in enforcement of civil judgements is defined as legal application carried out by state agencies and competent person in order to apply liability to subject who violated the laws by various measures that are relevant to each type of violation. Those measures are compulsory and ensured by state power. 2. Promoting efficiency of law on handling with violations of enforcement of the civil judgements is the implementation process of all state organs, organizations and individuals basing on specific principles and using various forms and measures in order to promote law on handling with violations of enforcement of the civil judgements to be more coherently, consistently, comprehensively, unificationally, feasibly, openly, transparently; and to meet the requirements of socialist rule of law state, open market socialist oriented economy and current conditions of society according to State’s policy and the people's aspirations. Promoting efficiency of law on handling with violations of enforcement of the civil judgements is one of the most important tasks and responds to the current needs of society. 3. Although law on handling with violations of enforcement of civil judgements has gained important results but also revealed many disadvantages and limitations. 24 4. Promoting efficiency of law on handling with violations of enforcement of the civil judgements has achieved remarkable results and achievements but has not yet overcome many disadvantages and limitations and responded to the demands of society in reality. 5. Current situations of law and process of promoting efficiency of law on handling with violations of enforcement of the civil judgements require to improving law on handling with violations of civil judgement enforcement continuously. 6. Promoting efficiency of law on handling with violations of enforcement of the civil judgements should be carried out comprehensively through both contents and forms of law. 7. In order to continue promoting efficiency of law on handling with violations of enforcement of civil judgements, all solutions for promulgating, improving law, raising awareness should be implemented at the same time. 25 CANDIDATE’S PUBLICATIONS RELATED TO THE THEME OF DISSERTATION 1. “Improving quality and effectiveness of enforcement of civil judgements today”, Journal of Democratic and Legal (September/2008), page. 30-32. 2. “Overcoming obstackles in the return of enforcement request”, Journal of Democratic and Legal (December/2008), page. 2-5. 3. “Crime of non-abide judgement in process of enforcing civil judgements” Journal of Democracy and Laws (March 2009), page. 23 - 25. 4. “Overcoming obstackles of handling with administrative violations of enforcement of the civil judgements”, Journal of Democratic and Legal (November/2010), page. 39-41. 5. “Improving effectiveness of handling with violations of enforcement of the civil judgementss today”, Legal Journal (March/2011), page. 12-13. 6. “Discussing on handling with violations of enforcement of the civil judgementss”, Journal of Democratic and Legal, (January/2012), page. 22-25.