According to the Theory of State and Law curriculum in Vietnam, what is application of law? What are stages of application of law?
According to the Theory of State and Law curriculum in Vietnam, what is application of law? What are stages of application of law?
The concept of application of law can be explored in courses like Theory of State and Law. Theory of State and Law is a foundational course that the majority of students will have to take. Let's delve into the concept of application of law below:
| 1. Concept of application of law Application of law is an organized activity that reflects State authority, carried out by competent State agencies (or authorized organizations) to apply legal norms to specific cases. 2. Stages of application of law The process of application of law includes 4 specific stages as follows: - Stage 1: Analyzing and clarifying the details of the case that requires application of law and their legal characteristics. - Stage 2: Selecting the legal norms to apply and clarifying the content and meaning of those legal norms. - Stage 3: Issuing application of law documents. - Stage 4: Organizing the implementation of application of law documents. 3. When is application of law necessary? - It is necessary to apply State coercive measures to subjects who violate the law. - State coercion application against subjects who do not violate the law but only for the common benefit of society. - The rights and obligations of the subject cannot naturally arise, change, or terminate without State intervention. - The rights and obligations of the subject have arisen but there is a dispute that the subjects cannot resolve on their own, requiring State intervention. - The State sees the need to participate in monitoring, supervising the parties involved in legal relationships, or to confirm the existence or non-existence of a particular factual event. - It is necessary to apply forms of commendation to subjects with achievements according to the law's regulations. - Confirming the existence of a specific factual event as prescribed by law. 4. Characteristics of application of law - Application of law is an activity with state authority and organization. - It is carried out by competent agencies, organizations, or individuals according to the law's regulations, and each subject can only apply the law within a certain scope as prescribed by law. - During the application of law process, the competent subject may act on behalf of state authority, use state authority to issue commands or decisions that must be respected or executed by the relevant organizations and individuals. - Application of law is highly organized because it is both a form of law implementation and a method for the State to organize subjects to execute legal provisions. Hence, this activity must be conducted under strict conditions, orders, and procedures prescribed by law. - Application of law is an activity requiring creativity. - The form of application of law activity is legal documents. The will of the application of law subject is expressed in application of law documents. |
What are regulations on the curriculum of the Theory of State and Law for students majoring in Administration in Vietnam?
Based on Decision 40/2005/QD-BNV, the curriculum for the Theory of State and Law for students majoring in Administration is as follows:
- Number of periods: 60 periods.
- Time allocation:
+ Theory time: 67%
+ Discussion, exercises, assessment: 33%
- Prerequisites: None
- Course description: Provides knowledge on following issues: Origins, nature, forms, functions of the State and the State apparatus; Types of States; Overview of law; Legal documents and the legal system; Implementation of the law; Legal violations and legal liability; legal consciousness and legality.
- Student duties
+ Attend all theory sessions.
+ Participate fully in discussions, exercises, and assessments.
- Study materials:
+ Documents from the IX National Congress of the Communist Party of Vietnam.
+ Vietnam Constitution of 1992 (amended and supplemented in 2001).
+ General theory of State and law curriculum of the National Academy of Public Administration. National University Publishing House. Hanoi, 2001.
+ General law, Dong Nai Publishing House 2003 (chief editor Assoc. Prof. Dr. Pham Hong Thai).
+ General theory of State and law, Ho Chi Minh City Publishing House 2001 (Assoc. Prof. Dr. Dinh Van Mau and Assoc. Prof. Dr. Pham Hong Thai).
- Evaluation standards:
+ Mid-course assessment.
+ Final exam.
- Grading scale: 10-point scale.
- Objective: To provide basic general knowledge about the State and law, serving as a foundation and methodology for studying State organization and the legal basis of State administration.
According to the Theory of State and Law curriculum in Vietnam, what is application of law? What are stages of application of law? (Image from the Internet)
What are requirements for students completing the Theory of State and Law at the intermediate professional level in Vietnam?
According to Section 3 of the Curriculum issued with Decision 33/2008/QD-BGDDT, students are expected to meet the following standards:
Knowledge:
- Explain basic legal concepts and terms introduced in the Program on new issues about the Vietnamese legal system, some branches of law in the Vietnamese legal system, and some fundamental issues of International law.
- Present the basic contents of the lessons, relate them to practical experience, and apply learned knowledge to studies, work, and daily life;
Skills:
- Apply the knowledge learned to handle law-related issues at work and in the community;
- Distinguish the legality and illegality of actions displayed in daily life;
- Organize activities to contribute to implementing school discipline, social order (enforcing and promoting the implementation of rules, regulations, other provisions for citizens, and behavior in social relationships).
Attitude:
Demonstrate citizen awareness, respect for the law, cultivate habits of living and working according to the law; know how to choose actions and assert personal autonomy in social relationships, in labor, and daily life.
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