Jurisprudence – Achievement in Judicial Reform

Implementing the Resolution no. 49-NQ/TW of the Political Bureau of the Central Committee Communist Party of Vietnam on judicial reform, the Supreme People’s Court has recently laid out a series of solutions and achieved some accomplishment. Noticeably, the Council of Judges has promulgated the Resolution [no. 03/2015/NQ-HDTP] in which it formally authorizes the application of jurisprudence in the Vietnamese judicial system.

Jurisprudence is perceived as legal analysis and decision in a particular judgment which will be subsequently applied in other cases to ensure that cases with identical merits will reach identical outcomes. This has been expected to remarkably contribute to the judicial reform.

Applying jurisprudence will be of great help where statutory law is ambiguous. The significance of jurisprudence is that legal analysis and decision in a particular case will be applied to resolve other cases, ensuring that cases with identical merits will reach identical outcomes.

Earlier this month, the first six judgments have been selected by the Council of Judges to become jurisprudence. This is expected to partly reduce injustice as well as to enhance judicial capacity of the Vietnamese courts.

(Authored by Vietnam Television (VTV) / Translated by Dang Hoang Nhan / Original source: http://vtv.vn/chinh-tri/an-le-thanh-tuu-trong-cai-cach-tu-phap-20160408180504493.htm)

4 thoughts on “Jurisprudence – Achievement in Judicial Reform

  1. Thanks a Hoành.

    As I understand, according to this article: https://cvdvn.net/2016/05/24/jurisprudence-and-its-application/ – we can differentiate Jurisprudence by different kinds according to its compliance level

    And, according to this article https://cvdvn.net/2016/05/24/civil-law-jurisprudence-no-022016al/ – Civil Law is the only and first Jurisprudence ever applied in Vietnam since April 2016

    My questions:

    1. How many Jurisprudence or how many kinds of Jurisprudence are there in the US, , quantitatively – and since when? How many in the EU, UK, Australia?

    2. And how common Jurisprudence is applied in the legal system worldwide?

    3. Why only now – 2016 – Vietnam has started applying Jurisprudence?

    I tried some quick search but couldn’t get this information. It is probably because of my limited legal terminology

    Số lượt thích

    1. Hi Hằng,

      Jurisprudence has two meanings: First, jurisprudence is the entire system of law, regulation, constitution and court cases of a country. Second, jurisprudence means the system of court decisions of a country, for lower courts to follow higher courts’ decisions. This second meaning is what we are talking about here, and is called án lệ, or to be correct, hệ thống án lệ.

      Án lệ means precedent. A court’s decision becomes a “precedent” (tiền lệ, án lệ) for other courts to follow later.

      In many countries a decision of a higher court automatically becomes the jurisprudence (the rule of precedent) for the lower courts to follow, without any additional procedure. So any kind of law has its system of jurisprudence.

      In the common law system (Anglo-Saxon system), focusing heavily on courts’ decisions, the rule of precedent is rigid. Lower courts must follow the high court’s decisions.

      In the civil law system (or Roman law system, or Napoleon system, in France and countries with similar systems, focusing heavily on codes of law), the precedents have more of a persuading effect for lawyers and judges to use, but they don’t have to rigidly follow, in theory. In practice the persuading effect of precedents are often so strong, that the final result is not far from that in the common law system.

      Vietnam now uses the summaries of Supreme Court’s decisions to use as jurisprudence. That is easier to understand in an underdeveloped legal system like Vietnam, though it is not very sophisticated.

      And Vietnam has just started with a new jurisprudence. In six cases the Supreme People’s Court has selected to be placed in the jurisprudence, I see civil and criminal cases. It seems the jurisprudence will cover many kinds of law. Not sure which is in which is out yet.

      Most Communist countries abolish all jurisprudence established prior to the Communist Revolution, and used the Communist Party’s decisions to handle whatever needed in the Revolution. The courts were not really courts in the traditional sense, say, the People’s courts during đấu tố period of the land reform in Viet Nam, from 1945 to 1954, were very much mob lynching events, merely doing the Party’s will. The international Communist Revolution was not finished when the Communist world collapsed in 1989, so there was not really an independent court system in any Communist country in the true sense. So Communist jurisprudence was not really around.

      During the War, South Vietnam had a system of jurisprudence based on the French model, though the legal system was weak.

      (If you guys cannot understand this in English, please tell me, and I will translate this into Vietnamese).

      Số lượt thích

  2. Tiếng Việt:

    Theo như thông tin trên.

    Đây là lần đầu tiên VN áp dụng Jurisprudence – Án lệ kể từ 4.2016. Và theo em hiểu, Án lệ được phân chia thành các loại dựa trên mức độ tuân thủ của tòa án các cấp

    Câu hỏi của em là:

    1. Có bao nhiêu án lệ, hay bao nhiêu loại Án lệ sử dụng ở US, UK, EU, Australia….

    2. Mức độ phổ biến sử dụng Án lệ trên thế giới ra sao?

    3. Tại sao đến nay – 2016 VN mới bắt đầu áp dụng án lệ?

    Số lượt thích

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