What is the origin of the state?
Vietnam: What is the origin of the state?
1. The Origin of the State According to Non-Marxist Theories
| Non-Marxist theories on the origin of the state include: - The Divine Theory: This theory holds that God is the one who organized social order, created the state to protect common order, and the state is a product of God. - The Patriarchal Theory: It argues that the state emerged as a result of the development of family and patriarchal authority. Essentially, the state is an expanded model of a clan, and state power stems from elevated patriarchal authority – a natural organizational form of human society. - The Violence Theory: It asserts that the state emerged directly from invader wars, using the violence of one clan against another, with the victorious clan establishing a special system of agencies – the state – to enslave the defeated. - The Psychological Theory: It suggests that the state appeared due to the psychological needs of primitive humans who always wanted to depend on leaders or priests, etc. - The Social Contract Theory: The state was born as the result of a social agreement (contract) among individuals living in the natural state of society with each other. State power belongs to citizens, for the benefit of citizens. If the state fails to maintain its role, natural rights are violated, the contract loses its validity, and the people have the right to overthrow this state and make a new contract, leading to the establishment of a new state. |
2. The Origin of the State According to Marxism-Leninism
| According to Marx-Leninism, the state’s emergence is objective but is not a perpetual and immutable social phenomenon. The state continuously moves, develops, and perishes when the objective conditions for its existence and development no longer exist. Marx-Leninism argues that the state only appears when human society has reached a certain stage of development, with prerequisites in the economy (the emergence of private ownership) and society (society divides into different classes and social strata with divergent interests, and these contradictions cannot be self-regulated). The nature of the state, according to Marx-Leninism: "The state is the product and manifestation of irreconcilable class contradictions. Wherever and whenever, objectively, irreconcilable class contradictions exist, the state appears." |
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What are detailed syllabus for state and law theory at intermediate professional level in Vietnam?
Based on Section 6 of the legal education program for intermediate professional education issued with Decision 33/2008/QD-BGDDT, the detailed syllabus for State and Law Theory is as follows:
I. Compulsory Knowledge
Lesson 1: Basic Issues about the State
- Nature and characteristics of the State
+ Nature of the State
+ Characteristics of the State
- Functions of the State, State apparatus
+ Basic functions of the State
+ State apparatus
+ Rule of law state
Lesson 2. Basic Issues about Law
- Nature, characteristics, and role of law
+ Nature of law
+ Basic characteristics of law
+ Role of law
- Legal system
+ Concept of the legal system
+ System structure
+ The system of legal normative documents
Lesson 3. Law Implementation, Law Violations, Legal Responsibilities
- Law implementation
+ Law implementation (concept, forms)
+ Law application (concept, characteristics)
- Law violations, legal responsibilities
+ Law violations (concept, classification)
+ Legal responsibilities (concept, characteristics, classification)
Lesson 4. Legal Consciousness and Socialist Legality
- Legal consciousness
+ Concept of legal consciousness
+ Structure of legal consciousness
+ Enhancing legal consciousness
- Socialist legality (XHCN)
+ Concept of socialist legality
+ Basic requirements of socialist legality
+ Measures to strengthen socialist legality
Discussion; Test
Lesson 5. State Law - Constitution 1992
- State Law
+ Concept
+ Object, adjusting method of State Law
- Basic content of the Constitution 1992
+ Basic provisions of the Constitution 1992 (economic policies, political policies, cultural education policies, basic rights and obligations of citizens)
+ State apparatus of the Socialist Republic of Vietnam under the Constitution 1992
Lesson 6. Administrative Law
- General issues about Administrative Law
+ Concept, object, and adjusting method (concept, object, adjusting method)
+ Administrative legal relations (characteristics, subjects of administrative legal relations)
+ State administrative management (management methods, administrative reform issues)
- Administrative violations - Handling administrative violations
+ Administrative violations (concept, characteristics)
+ Handling administrative violations (authority, principles, forms of handling violations)
Lesson 7. Labor Law
- Concept, object, and adjusting method of Labor Law
+ Concept
+ Object and adjusting method (object, method)
+ Labor legal relations (characteristics, content of labor legal relations)
- Basic provisions of Labor Law
+ Salary
+ Labor contract
+ Labor discipline
+ Insurance
Lesson 8. Civil Law
- Concept, object, adjusting method, and legal relations of Civil Law
+ Concept
+ Object and adjusting method (object, method)
+ Civil legal relations (characteristics, content)
- Basic provisions of Civil Law
+ Civil rights (personal rights, property rights, inheritance rights)
+ Civil contract
Lesson 9. Criminal Law
- Concept, object, and adjusting method of Criminal Law
+ Concept
+ Object and adjusting method (object, method)
- Crimes and punishments
+ Crimes (concept, basic signs, classification of crimes under the Criminal Code of Vietnam)
+ Punishments and judicial measures (concept, system of punishments, judicial measures)
Lesson 10. Procedural Law
- Administrative procedures
+ Right to administrative litigation.
+ Jurisdiction to resolve administrative cases of the Court
+ Statute of limitations for initiating administrative lawsuits
- Civil procedures
+ Basic principles of civil procedures
+ Participants in civil procedures
+ Procedures for resolving civil cases
- Criminal procedures
+ Principles of criminal procedures
+ Procedural agencies, procedural officers, participants in procedures
+ Stages of criminal procedures
Discussion (02 periods)
- Elective Knowledge (duration for elective knowledge is 06 periods)
When designing training programs for each field/discipline, schools can choose at least 03 topics from the total number of introduced topics below:
Topic 1. Land Law
Topic 2: Environment and Resources Law
Topic 4. Business Law
Topic 5. International Law
Topic 6. Tourism and Culture Law
Topic 7. Education Law
Topic 8. Traffic Safety Law
Topic 9. E-commerce Law
Topic 10. Complaints and Denunciations Law
Topic 11. Anti-Corruption Law
Topic 12. Drugs, HIV/AIDS Law
Topic 13. Intellectual Property Law
Topic 14. Construction Law
What are learning outcomes of the State and law theory course at intermediate professional level in Vietnam?
According to Section 3 of the legal education program for intermediate professional education issued with Decision 33/2008/QD-BGDDT, after completing the legal education program at the intermediate professional level, the learner achieves the following standards:
Knowledge:
- Explain basic legal concepts and terms introduced in the program, new issues about the Vietnamese legal system, some branches of law within the Vietnamese legal system, and some basic issues of international law.
- Present the basic content in the lessons, connect theory with practice, and apply the acquired knowledge in studying, working, and in daily life;
Skills:
- Apply learned knowledge in addressing legal issues at the workplace and within the community;
- Distinguish the legality and illegality of day-to-day behaviors;
- Organize activities that contribute to school discipline and social order (implementing and propagating the regulations, rules for citizens, and behavior in relationships).
Attitude:
Express civic awareness, respect for the law, practice living and working according to the law; make appropriate behavioral choices and assert autonomy in social relations, labor, and daily life.
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