MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOILAW UNIVERSITY TRAN TRUNG KIEN 453518 CAPITAL PUNISHMENT IN VIETNAMESE AND CHINESE CRIMINAL LAW: A COMPARATIVE PERSPECTIVE MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOILAW UNIVERSITY TRAN TRUNG KIEN 453518 CAPITAL PUNISHMENT IN VIETNAMESE AND CHINESE CRIMINAL LAW: A COMPARATIVE PERSPECTIVE BACHELOR'S THESIS SUPERVISOR PHD. DO THI ANH HONG STATUTORY DECLARATION 1 herewith formaliy declare that i ynyseif have written the submitted Bachelor's Thesis independently, the conclusions and data in the Bacheior’s Thesis are truthful and reiiabie./ Confirmation ofsupervisor Author ofBachelor ’s Thesis PhD. Do Thi Anh Hong Tran Trung Kien 1 ACKNOWLEDGMENTS First and foremost. I extend my deepest gratitude to my supervisor PhD.
Do Thi Anh Hong for providing me with the invaiuabie opportunity to pursue my graduation thesis on the topic “Capital punishment in Vietnamese and Chinese Criminal Law: A Comparative Perspective”. I an also profoundly thankful for her guidance and insightful advice. Her patience, support and encouragement throughout the process of doing the thesis have been a source ofgreat inspiration to me, making it an honor and privilege to work under her tutelage. Additionally, I owe a heartfeit thank you to all the faculty members of Hanoi Law University.
Their unwavering support played a crucial role in my academic journey, enriching my understanding of lav and enhancing my proficiency in English, enabling me to articulate my thoughts effectively. I must also express my sincere appreciation to my parents for their unconditional love, care, and the sacrifices they made to ensure my education and future success. My gratitude extends to my friends for their moral support and to my classynates, whose assistance was vital in the completion of this thesis. And lastly, recognizing my limitations in professional experience and knowledge, it would be greatly appreciated if i received any feedback or Suggestions on improving the thesis content from ail lectures.
Thank you for everything! Author ofBachelor's Thesis Tran Trung Kien ili LIST OF ABBREVIATIONS tc. et cetera (and so forth) International Covenant on Civil and Political Rights ICCPR page (pages) eople’s of Republic China PRC niversal Declaration of Human Rights UDHR 1V TABLE OF CONTENT Slide cover i Statutory deciaration ii Acknowledgments ili List ofabbreviations iv Table ofcontent v PREP AGE taoiiisaeuoontiidnuittgiltdtiftgilidtiobtl6lisgttsövgtgiaaitashanawd 1 1. Rationale of the Thesis WRE 2. Literature review of previous studies to the topic 2.
Comment on the previous researches related to the topic and the issues succeeded, supplemented and developed by the Thesis. | Comment on the previous researches related to the topic and the issues succeeded ñEGBNbœxsoøU>+ 3. The issues implemented and developed by the Thesis 4. Scientific and practical significance of the Thesis 4.
wm Research objectives of the Thesis 6. Research objects and research scope of the Thesis. Research objects of the Thesis 6. Research scope of the Thesis.
4s Methodology and research methods 7. Research method: CHAPTER 1: OVERVIEW OF CAPITAL PUNISHMENT 11. The concept of punishment 1111. The definition of punishment 1.
Characteristics of punishment 12. The concept of capital punishment. The definition of capital punishment 1. Characteristics of capital punishment.
Significance of capital punishment. The history and development of capital punishment. The history and development of capital punishment through early SoCieties. The history and development of capital punishment in VIANH.
oiztct2giz20i/6ãgi188068159S0408/801GG:ã188%x¿609gã86ã097đ01100464G80180 18 1. The history and development of capital punishment in China 20 Conchasion tù Chippy tee Uses ssssssessssosaissasessasscsssrciesasseaussansssenereasspeassatsasdapnioracaneasies 21 CHAPTER 2: CAPITAL PUNISHMENT IN VIETNAMESE AND CHINESE CRIMINAL LAW 2. Provisions on capital punishment in Vietnamese criminal law. in Vietnamese criminal law.
Provisions on capital punishment’s exceptions in Vietnamese GRMN A LAW cuaoittoonaisnsataddtiatuilidig iaigidtigitiattiisitG3805180/3000308 0886 23 2. Provisions on the execution of capital punishment in Vietnamese criminal aw. Provisions on capital punishment in Chinese criminal law. Provisions on types of crimes eligible for capital punishment in Chinese Criminal LAW.
Provisions on capital punishment’s exceptions in Chinese criminal law 36 2. Provisions on the execution of capital punishment in Chinese 2. Provisions on methods of execution in capital punishment in Chinese criminal law 2. Provisions on capital punishment in Vietnamese and Chinese criminal law from a comparative perspective.
Provisions on types of crimes eligible for capital punishment in Vietnamese and Chinese criminal law from a comparative perspective 2. Provisions on capital p unis! it’s excep tions in Vietnamese and Chinese criminal law from a comparative perspective. Reasons for similarities and differences Conclusion of Chapter 2.---- CHAPTER 3: IMPLICATIONS TO IMPROVE PROVISIONS ON CAPITAL PUNISHMENT IN VIETNAMESE CRIMINAL LAW. Guiding principles for the proposals to improve on provisions on capital punishment in Vietnamese criminal law.
Specific proposals to improve provisions on capital punishment in Vietnamese criminal law 3. Specific proposals to improve provisions on type of crimes eligible for capital punishment in Vietnamese criminal law. Specific proposals to improve provisions on capital punishment’s exceptions in Vietnamese criminal law. Specific proposals to improve provisions on the execution of capital punishment in Vietnamese criminal ÌaW.
Specific proposals to improve provisions on methods of execution in capital punishment in Vietnamese criminal law. Conclusion of Chapter 3 CONCLUSION. Rationale of the Thesis Capital punishment, also known as the death sentence or death penalty has been used as a method of enforcing the law in many countries around the world for many years. It’s the ultimate form of state-sanctioned punishment, remains a deeply divisive issue in the 21st century.
This thesis seeks to delve into this terrntory through a comparative perspective, specifically by examining the first part of the thesis, the rationale for capital punishment within the criminal law systems of Vietnam and China. Both nations share historical, cultural, and ideological ties, yet have adopted distinct approaches to the death penalty. Understanding the rationale for the thesis requires a multifaceted approach that transcends legal codes and statistics. This thesis delves into not only the historical and ideological underpinnings of capital punishment in both nations.
It also explores the types of crimes falling within the scope of capital punishment and the circumstances in which it is not applied, the legal procedures and processes involved, as well as the methods of execution in capital punishment, along with altemative sentencing options in Vietnamese and Chinese criminal law. Therefore, these collectively justify the selection of the topic “Capital punishment in Vietnamese and Chinese Criminal Law” for the Bachelor's Thesis. Literature review of previous studies to the topic 2.1, Foreign researches Hugo Bedau’s work in 2004, “Death Penalty in America” isn’t just a comprehensive analysis, it’s a relentless interrogation of the very foundations of capital punishment. B edau dives into the deterrence research, exposing the lack of conclusive evidence and raising concerns about unintended consequences.
He meticulously unpacks the legal complexities, scrutinizing due process and highlighting the risk of irreversible errors in a system susceptible to human fallibility. Bedau’s work serves as a powerful indictment of the death penalty, compelling readers to grapple with its ethical and practical shortcomings. “Evaluating the Deterrent Effect of Capital Punishment on Crime” by Permiterio Leocadio (2010). This thesis focuses on the deterrent effect of capital punishment on crime.
It addressed the theoretical arguments for and against the use of capital punishment as a deterrent and examined its collateral consequences, especially on juveniles, insane individuals or minonties. The thesis also weighs the benefits and costs of capital punishment’s application “Capital Punishment in China: Towards Effective Public Policy and Law” by Lilou Jiang (2020), this research delves into the evolution of the Chinese capital punishment law and policy from 1979 onwards; and investigates the institutional and procedural shortcomings that led to pre-tnal torture, wrongful convictions, and executions of innocent or vulnerable people, and explores the prospects for restricting the application of the death penalty in retentionist China by focusing on feasible legal and policy changes to assure fair trials in capital cases. mild punishment: The death penalty and the role of court in contemporary China” by Xi Li (2021), this thesis is from the University of Hong Kong and it examines the use of the death penalty in China since the establishment of the People’s Republic of China. This thesis studies the dynamic decision-making process in the death penalty cases and assesses the development and potential of Chinese courts in restricting and reducing the application of the death penalty in China.
It also looks into the reform initiatives taken by the Chinese court to restrict the application of capital punishment and then explores the interaction between the court and political institutions, other criminal justice institutions, defense lawyers, and tò increasingly influential public opinion in the death penalty decision-making process. Domestic researches “Capital Punishment in Vietnam, a study from the Perspective of Traditional and Modern Vaiues” by Tran Van Luyen (2009), published in “The Journal of The Middie East and North Africa Sciences”, this thesis explores the death penalty in Vietnam through the lens of both traditional Vietnamese values and modem viewpoints, offering an in-depth look into how capital punishment is viewed and applied within Vietnamese society and law. It also discusses how the death penalty has historically been used as a tool by the state to oppress actions against the govemment and to maintain political stability. “Capital Punishment: A comprehensive Analysis of Vietnamese and Singaporean Criminal Ly” by Nguyen Quy Khuyen (2009) this work delves into a comprehensive analysis of the fundamental theoretical arguments surrounding the death penalty in Vietnam and Singapore.
It also examines intemational law and the global trend of capital punishment, highlighting its continued prevalence worldwide. The thesis explores the intricate issues surrounding the question of whether capital punishment should be implemented or abolished, and to what extent, considering the co-existence of both abolitionist and retentionist trends. “Limiting the Death Penaity in the Criminal Codes of Vietnam: Application in Recent Cases“ by Nguyen Thi Phuong Hoa (2023) focuses on the gradual limitation of the death penalty as a sanction in Vietnam. It particularly examines the changes in the Vietnamese Criminal Code of 2015, as amended in 2017 significantly restricts the number of crimes that can receive the death penalty.
This article compares and analyses the categories of crimes in respect of which the death penalty can be imposed, using a historical approach that begins with the country’s first Criminal Code, of 1985. This thesis also likely explores the evolving legal landscape in Vietnam regarding capital punishment, analyzing how recent legal reforms and case applications reflect a shift in the country’s approach to the death penalty. “Death penalty in Vietnam's Feudal Criminal Lav” by Hoang Dinh Duyen, a Ph.D candidate at the School of Law, Vietnam National University. This article is an excerpt from the Ph.D thesis which the author is working on.
It shows that capital punishment in Vietmam’s feudal history is heavily influenced by China’s feudal law, which represents the social context’s objectivity and identical features. It also provides that the death penalty in Vietnam's feudal criminal law is exceptionally severe and applied to different crimes, including corruption, furthermore, there is no distinction between crime and ethical violations. It can be concluded that the majority of researche on capital punishment in Vietnamese criminal law has not given a comparison view with Chinese criminal law yet. Hence, the study “Capital punishment in Vietnamese and Chinese criminal lav: A comparative perspective” does not coincide with these previous studies.
This is a completely new study that focuses on capital punishment in Vietnamese criminal law in comparison with Chinese criminal law. Comment on the previous researches related to the topic and the issues succeeded, supplemented and developed by the Thesis 3. Comment on the previous researches related to the topic and the issues succeeded Both the foreign studies and the domestic studies relevant to the topic of the Thesis hold significant scientific value, providing a robust foundation for understanding the multifaceted aspects of capital punishment. Drawing upon the theoretical frameworks explored in these studies, particularly regarding the ethical and practical considerations surrounding capital punishment, the author can establish a comprehensive overview of capital punishment.