VIETNAM NATIONAL UNIVERSITY SCHOOL OF LAW ------------------------------------------------ TRAN THI PHUONG THANH LEGAL ON COMPENSATION FOR DAMAGE TO SUCCESSFUL PERSON IN VIOLATIONS ON HUMAN HEALTH, FROM PRACTICE TEST OF PEOPLE'S COURTS OF VINH CITY, NGHE AN PROVINCE KHOÁ LUẬN TỐT NGHIÊP ĐẠI HỌC CHUYÊN NGÀNH LÝ LUẬN VÀ LỊCH SỬ NHÀ NƯỚC VÀ PHÁP LUẬT Hệ đào tạo: Chính quy Khoá học: QH-2018-L Hanoi - 2022 VIETNAM NATIONAL UNIVERSITY SCHOOL OF LAW ------------------------------------------------ TRAN THI PHUONG THANH LEGAL ON COMPENSATION FOR DAMAGE TO SUCCESSFUL PERSON IN VIOLATIONS ON HUMAN HEALTH, FROM PRACTICE TEST OF PEOPLE'S COURTS OF VINH CITY, NGHE AN PROVINCE KHOÁ LUẬN TỐT NGHIÊP ĐẠI HỌC CHUYÊN NGÀNH LÝ LUẬN VÀ LỊCH SỬ NHÀ NƯỚC VÀ PHÁP LUẬT Hệ đào tạo: Chính quy Khoá học: QH-2018-L NGƯỜI HƯỚNG DẪN: PGS.TS Nguyễn Minh Tuấn Hanoi - 2022 TABLE OF CONTENTS INTRODUCTION. The reason for choosing the topic. Research status of the topic. Research purposes and tasks.
Object and scope of research Research. Research method The. New contributions of the topic. 10 THEORETICAL ON COMPENSATION FOR DAMAGE TO THE SUCCESSFUL IN CASE OF INCREASING HUMAN HEALTH.
The concept of compensation for damage to victims in cases of infringing upon human health. The concept of compensation for damage to victims in cases of infringing on human health. The meaning of compensation for damage to victims in cases of infringing upon human health. Principles, contents and forms of compensation for damage to victims in cases of infringing upon human health.
Principles of compensation for damage to victims in cases of infringing on human health. Contents of compensation for damage to victims in cases of infringing upon human health. Forms of compensation for victims in cases of infringing upon human health. Claim compensation for victims in cases of infringing on human health.
Socio-economic requirements. 21 Sub-conclusion of chapter 1. 25 SITUATION OF COMPENSATION FOR DAMAGE TO THE SUCCESSFUL PERSON IN THE TREATMENT OF CASE INFRINGING ON HUMAN HEALTH OF THE PEOPLE'S COURT OF VINH CITY, ANH AN PROVINCE. Conditions affecting compensation for damage to victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province.
Socio-economic conditions in Vinh city, Nghe An province. Organizational structure of the people's court of Vinh city, Nghe An province 27 2. Crime situation infringing on human health in Vinh city, Nghe An province. The practice of compensation for damage to victims in the trial of cases of infringing upon human health of the People's Court of Vinh city, Nghe An province.
Assessing the status of compensation for damage to victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province. Results of achieving compensation for victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province. Limitations and causes of limitation of compensation for victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province. 39 Sub-conclusion of chapter 2.
45 POINTS AND SOLUTIONS TO GUARANTEE COMPENSATION FOR DAMAGES TO THE SUCCESSFUL PERSON IN THE TREATMENT OF HUMAN HEALTH VIOLENCE COURTS OF THE COURT OF VINH CITY, ART PROVINCE. Viewpoint on ensuring compensation for damage to victims in the trial of cases of infringing upon human health of the district-level People's Court. Ensuring the quality of trial and meeting the requirements of judicial reform, protecting human rights and citizens' rights. Ensure the correct implementation of the law, prevent injustice and wrong.
Ensuring the rigor of justice, in accordance with principles. Contributing to ensuring security, politics and social safety. Solutions to ensure compensation for damage to victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province. 54 Sub-conclusion of chapter 3.
62 LIST OF REFERENCES. The reason for choosing the topic Human health is infinite Importantly, it is not only the precious capital of each person, but also the precious capital of relatives, the community and the society. Because the relationship of people with people in society is a relationship of binding, influence, and interrelationship. Infringing on human health is not simply causing damage to that person, but it also entails many consequences behind.
A damaged person causes negative physical and mental impacts on relatives and family members of the victim, not only that, but it can also cause bad impacts on society. Compromise damages are a specific type of tort that is commonly encountered. When the health is violated, the person who violates the health of others will have to compensate for the damage. However, there are a number of provisions that are no longer suitable with reality and thereby cause many difficulties for the application of the law by the proceeding agencies, including related to the settlement and adjudication of criminal cases.
The legal regulations have made many fundamental changes related to the regulation of compensation for non-contractual damages, overcoming a number of limitations and inadequacies arising in social life. However, through the practical application of the law in the past time, there are still different understandings of some provisions of the law leading to inconsistency in the application of the law, what is the actual and fundamental damage. The basis for determining the actual damage is based on what criteria, it is difficult to determine and convert into economic value, besides there are arising problems such as: determining the error of compensation for damage caused by many people, compensation Usually 3 damage caused by animals. The practice of solving various types of cases related to compensation for damage caused by infringing health at Vinh City People's Court in recent years has been relatively numerous, for example in 2019: 17 cases; 2020: 19 cases; 2021: 14 cases, in the process of settlement, the Court has applied the provisions of the Civil Code to conciliate or adjudicate, but there are still some difficulties and limitations from the legal side, the aggrieved side, and the side.
the person causing damage and from the Court in the application of the law affecting the quality of settlement of all kinds of cases and matters related to compensation for damage caused by infringing health. Stemming from the above situation, I would like to choose the topic "Compensation for damage to victims in cases of infringing on human health, from the practice of the People's Court of Vinh city, Nghe An province" Graduate thesis majoring in Theory and History of State and Law. Research status of the topic Up to now, compensation for non-contractual damages in general and compensation for infringing health in particular have been published and implemented in the form of a good thesis by many research works. articles published in scientific journals and newspapers such as: Master's thesis of Nguyen Minh Chau,"Compensation for damage in case of infringing life and health, some theoretical and practical issues"; Master's thesis by Nguyen Quynh Anh (2011), "Compensation for extra-contractual damage caused by illegal acts under the Civil Code 2005", Vietnam National University, Hanoi; Master's thesis in Law by Dao Thao Ly,"Compensation for damage caused by acts of others according to Vietnamese law"; Master's thesis by Pham Thi 4 Huong (2014), "Compensation for damage caused by infringing on life and health according to Vietnamese law", Vietnam National University, Hanoi.
Articles published in scientific journals: Pham Van Bang (2014), "Institutions of compensation for non-contractual damages, issues raised when amending the Civil Code in 2005", Democracy and Law magazine ( 4); Mr. Ngo Thu Trang (2019), " Problems in the application of the law on compensation for non-contractual damages”, People's Court magazine; Doan Thi Ngoc Hai (2019), "Compensation for non-contractual damage caused by official duty performers according to the provisions of civil law", People's Court magazine; Nguyen Van Hoi (2011), "Limits and inadequacies in determining health damage are violated according to the provisions of current Vietnamese civil law", People's Court magazine (No. The above works and articles have raised and analyzed the general issues of compensation for non-contractual damages as well as the issue of compensation for damage caused by infringing health in accordance with the law and other documents. Contributing a lot in applying the provisions of the law to solve the cases, the compensation for damage caused by the health has been violated so far.
However, in practice, in the settlement of compensation for damage caused by infringing health, there are still difficulties and obstacles leading to inconsistent application of the law, and the legal rights of the victims have not been resolved in time. Timely, thoroughly, not fully clarifying the responsibility of the person to be compensated according to regulations. Therefore, the topic "Compensation for damage to victims in cases of infringing upon human health, from the trial practice of the People's Court of Vinh city, Nghe An province" aims to study compensation for damage caused 5 by human health. Health is violated in practice, with the provisions of the law, giving practical solutions, contributing to the protection of legitimate rights and interests in cases and violations of human health.
Besides, I always have a sense of learning, inheriting results from theses, scientific works as well as practical experiences related to the research topic. Research purposes and tasks - Research purpose Clarifies theoretical issues and provisions of current law with the application and application of the law in practice on compensation for damage to victims Infringement cases on human health were settled at the People's Court of Vinh City. Contributing to the settlement and adjudication of cases on compensation for damage caused by infringing health, which are getting better and better. - Research tasks To achieve the above purpose, the thesis goes into depth to solve the following specific issues: + Clarifying the current legal provisions on compensation for infringing health.
+ Analyze and evaluate the current status of the law and the practice of applying the law in settling cases on compensation for damage caused by infringing health at the People's Court of Vinh city. + Research on problems and inadequacies in the process of settling civil dispute cases, civil compensation in criminal cases on compensation for damage caused by infringing health of the City People's Court Vinh. 6 + Proposing solutions to contribute to perfecting the law, improving the efficiency in solving cases requiring compensation for damage caused by infringing health at the city-level People's Court. Object and scope of research Research object: Compensation for damage to victims in cases of infringing upon human health, from the practice of the People's Court of Vinh city, Nghe An province.
Research scope: - Spatial scope: Research on the practice of settling, adjudicating, and applying the provisions of the law on compensation for damage caused by infringing health at the People's Court of Vinh city, Nghe An province. - Scope of time: Data and documents are collected from the acceptance book, settlement results, judgments and decisions of the cases from 2015 to 2019, from which recommendations can be made. , solutions to solve problems when settling cases on compensation for damage caused by infringing health. Research method The thesis is researched based on the dialectical materialism and historical materialism of Marxist-Leninist philosophy and Ho Chi Minh's thought.
At the same time, the following specific methods are used: - Method of synthesis and analysis, in chapters 1, 2, 3. - Method of document and data statistics in chapters 1 and 2. 7 - Method of comparison, comparison in chapter 2. - Methods of proof to clarify issues to be studied in chapter 2.
- Methods of practical survey in court sessions in chapter 2. New contributions of the topic.