So far, Vietnam has promulgated 4 constitutions, namely: the 1946 constitution, the constitution of 1959, the constitution of 1980 and the 1992 constitution. Among them, 1992 "constitution" is a new constitution in a market economy after the 1980 constitution, to do a major revision. The difference between the past and the constitution, in that it emphasizes the "rule of law" and "the spirit of the rule of law". Important terms are listed below:

One, change "the dictatorship of the proletariat" state to "the people, by the people, country"

Vietnam raw1980Clause second: Constitution of the Socialist Republic of Vietnam is a "dictatorship of the proletariat" country.

1992The changes to the constitution"The Socialist Republic of Vietnam is aThe people, by the people, country.All state power belongs to the working class and the peasants and the intellectuals alliance as the foundation of the people's."

The amendment, directly to the USA President Lincoln1863Years inGettysburg speech saying"The people, by the people"Written into the constitution, show the authorities to" reform "the determination.

Two, increase the provisions of "Hu Zhiming and thought""All Party organizations should be in the range of constitution and laws "

1992The constitution of the year4In the article1"Guidelines", "Hu Zhiming thought added provisions", the new formulation is: "the Vietnamese Communist Party adhere to the Marx doctrine, the Lenin doctrine and theHu Zhiming thoughtAs the vanguard of the working class, and the working class, loyal representative of the working people and the interests of the whole nation, is the leading power of the state and society."

According to the researchers, "the constitution" has increased in 1992"Hu Zhiming thought", has its profound:Hu Zhiming1919Years had "Ruan patriotic" alias is sent to the Paris conference, issued a "petition" the Vietnamese people, expressing the Vietnamese people from French colonial aspirations, and asked the French government to guarantee the Vietnamese people have speech, publication, assembly, education, migration freedom, security and justice other Europeans, and can replace the government's rights according to law. Accordingly, the Vietnamese scholars think:Hu Zhiming"Rule of law", in fact, as early as in1919Years already budding.

The other,1946Years,Hu ZhimingThe leadership of the Socialist Republic of Vietnam established after independence first "constitution", the protection of human rights in the declaration of the second chapter, a very detailed provisions on the rights of citizens, and no difference in Western democracies. Such as: specified must be "legally" to the infringement of citizens' rights;In the separation of powers, the separation of the three powers, three years for a people's assembly is the highest organ of state power, the election of the prime minister and the president;The executive power by the president enjoys;The Supreme Court has jurisdiction, judge independent trial and enjoys the status right;Take a public hearing, prohibition of torture and illegal evidence. But in the constitution promulgation after only a month, French colonial forces and Hu Zhiming forces to war, the9The law of war, then the U. s.military intervention, the escalation of the war, the "constitution" not implemented. But, the Vietnamese scholars still generally praise1946"The spirit of the rule of law" in the constitution, therefore, in the formulation of1992Years of "constitution", reproduce1946Its "the spirit of the rule of law".

In the article4Article1After paragraph, add a new paragraph:"All parties should be in the range of constitution and laws."This provision, fully demonstrated the Vietnamese Communist Party to adhere to the "rule of law", and like other government agencies, social organizations, people accept the Constitution and legal constraints.

Three, stressed that "the Constitution and the law superiority", "administration by law" and "the principle of legal reservation"

1992"Constitution" of the year12Article1-3Paragraph, which emphasize "the Constitution and the law superiority", "administration by law" and "legal reservation" and the principle of the rule of law. Content:

"The state in accordance with the laws of social management, and strengthen the legitimacy of socialism."(the principle of administration according to law)

"All state organs, the economic and social organizations, people's armed forces and citizens must strictly abide by the Constitution and the lawTo prevent crime, and against the violation of the constitution, the law of the crime and the behavior of the struggle. "(priority of constitution, the law)

"All violation of national interests and collective, citizen's legitimate rights and interests of the,Must sanctions according to law."(the principle of legal reservation)

Four, "respect for human rights" into the Constitution

"The constitution" the fifth chapter, provides the "basic civil rights and obligations". Among them, the50Regulation: "in the Socialist Republic of vietnam,The political, economic, cultural and social aspects of the human rights are respected, and provisions in the civil rights and constitutional law, fully reflected." Accordingly,1992Years, Vietnam achieved"Human rights" into the Constitution.

Article68A, admitted that "the right of free migration", the provisions:"Citizens have the freedom to live and migrate in the domestic, have the freedom to go abroad and home."

Article72The establishment of "," the principle of presumption of innocence, the provisions:"Citizens of non judgment by the court has come into force, shall not be considered criminal and punishment."

Five, ensure the judicial independence

In 1992 the "constitution" article130The emphasis on the "judicial independence", the provisions:"During the trial, the judge and the jury independence and only in accordance with the law."

Article136The word "judicial authority", states: "the people's court has legally effective judgments and decisions must be state organs, social and economic organization, the people's armed forces and every citizen respect; the relevant personnel and departments must strictly implement."

For detailed, if interested, can go to read1992The "constitution" the Socialist Republic of vietnam.

(this blog writing, see the Taiwan professor Chen Xinmin in the "socialist rule of law concept" in a special statement and give some explanation. This paper set out in the Chen Xinmin: "the rule of law in the public law principles and practices", China University of Political Science and Law press2007Edition)

Summary:

Close reading of Vietnam related legal information, feeling quite a bit of harvest, get some enlightenment: we study foreign law, may not say Britain and the United States, Japan, Europe (comparability is not too strong, but also to convince our legislature and practice department). Sometimes, some of the non developed countries to have a look around us, especially some socialist countries and we are similar, and the importance of these countries have made in recent some new change and progress, it seems more learning, reference value.

More important, the reform and progress of these countries, can effectively refute our popular so-called "condition theory", "condition theory" absurd, because the truth is very simple: to Chinese today's economic, social development level (i.e. "condition"), are not as good as1992Years of Vietnam? Why Vietnam1992The "constitution",1988Criminal procedure law years "(" on a blog has introduced), are in many aspects of advanced in China?