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PHD THESIS INFORMATION
1. Name: NGUYEN TRONG PHUC 2. Sex: Male
3. Date and place of birth: 19 November 1954. 4. Place of birth: Hanoi
5. Decision on PhD admission No: 200/ĐT-KL dated 06 August 2004 of the Rector of Viet Nam National University, Hanoi
6.Changes during PhD training: Extending learning time at decision N0: 397/QDD-KL, 09 December, 2008 of Chief of Faculty of Law, Hanoi National University;
7. Title of the thesis: Provisions on deterrent measures in Vietnamese Criminal Procedure Code;
8. Major: Criminal Law ; 9. Code: 62 38 40 01;
10. Supervisors: Prof. Dr. Le Van Cam and Dr. Tran Quang Tiep.
11. Summary of six new outputs:
* Advantages and disadvantages of national and international scientific definitons relating to deterrent measures are analyzed in order to develop a scientific definition of deterrent measures based on legal nature, conditions for application, person who authorized to apply such measures, objects of application, aims and scope of application for the benefit of logical, proper, and full application of such measures.
* Deterrent measures are classified according to basic criteria. Such classification forms basis for legal study and practical application, replacement, elimination of such measures.
* Some principles for application, replacement, and elimination of deterrent measures are analyzed in order to improve scientific awareness and knowledge of people conducting proceeding procedures on the guideline “no escape of crime, no unjust punishment against innocent in crime prevention;
* Content of each deterrent measure prescribed in the Criminal Procedure Code 2003 is analyzed on the basis of conditions for application, people who authorized to apply such measures, objects of application, procedures to implement and verify application, replacement, elimination of deterrent measures as well as shortcomings of Resolution No.388 in 2003 of the Standing Committee of the National Assembly on compensation for innocents for damages caused by people who authorized to implement proceeding procedures.
* Practical apllication, replacement, elimination of deterrent measures in the period from 1988 to 2002 and the period from 2003 to 2008 is analyzed and assessed. At the same time, practical assessment of compensation for innocents for damages caused by people who authorized to implement proceeding procedures in four years (2004-2008). Consequently, problems and reasons are defined.
* Based on the problems and reasons, the thesis points out the importance, main viewpoints and concrete directions for each viewpoint in order to improve provisions on deterrent measures as well as to propose measures to improve such provisions for the benefit of development of a rule of law state in Viet Nam.
12. Practical application: serves as scientific reference for legislation.
13. Research directions later on “Humanistic chain to protect human rights of fairly used action during the period of globalization”
14. Published research works (projects) in relation to the thesis:
- Nguyen Trong Phuc (2005), “Some problems on limit ending time prescribed in Criminal Procedure Code”, State and Law Magazine, 6 (206), p. 62-71;
- Nguyen Trong Phuc (2005) “Institution on deterrent measures and practical application at Thua Thien Hue Province” (Scientific thesis Chairman), p.1-62, Chiefof the Ministry-level Scientific and Technological Research Work: The work has been assessed and approved by Ministry-level Assessment and Approval Committy on 19 July 2006), Code N0: B2004-07-14;
- Nguyen Trong Phuc (2008), “Ensure internee and indictee defend rights in Vietnamese Criminal Procedure Code”, State and Law Magazine, 2(238), p.74-76.
20 April, 2010
PhD Candidate: Nguyen Trong Phuc
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