VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L
TRAN HA BAO KHUYEN
PREVENTING CRIMES OF INFRINGING UPON
HUMAN LIFE AND HEALTH IN BAC LIEU
PROVINCE
Major: Criminology and Crime Prevention
Major code: 9.38.01.05
SUMMARY OF THE DOCTORAL
DISSERTATION IN LAW
Hanoi - 2020
The dissertation completed at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences
Supervisor: Assoc. Prof. Dr. Nguyen Van Huyen
Reviewer 1: Assoc. Prof. Dr. Tran Dinh Nha
Reviewer 2: Assoc. Prof. Dr. Dong Dai Loc
Reviewer 3: Assoc. Prof. Dr. Cao Thi Oanh
The dissertation will be defended at Graduate Academy Level Council
of dissertation assessment at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan,
Hanoi.
Time: ………… date ………. month …… …year 2020
The dissertation may be found at:
- Vietnam National Library;
- Graduate Academy of Social Sciences Library
INTRODUCTION
1. The necessity of the research topic
People are considered a valuable capital of society and are the
foremost object protected by the law in general and the criminal law
in particular. Protecting people, first of all, is protecting human life
and health because it is very important for human beings. The right to
protect human life and health is stipulated by Vietnamese
Constitution and this is the inviolable right, the human supremacy is
protected by the State through the law, in which, the existing Penal
Code of Vietnam has its own one chapter - Chapter XIV on crimes of
infringing upon human life, health and dignity. We can see that
crimes of infringing upon human life and health not only cause pain
to the victim’s family and breaking social cells, but also cause
insecurity and the people’s anxiety.
Crimes of infringing upon human life and health are very
significant dangers for society, causing damage and fully expressing
dangerous nature of criminal acts to the society. In Vietnam, the
criminology has been interested in research in the 1990s. Although it
was born late, the criminology has made a great contribution to social
life. The criminology’s research results have many effects and
significance in the fighting against crimes and are effectively applied
by many authorities.
In our country today, the crime situation is still complicated, many
serious crimes still happen, in which, crimes of infringing upon
human life and health are happening in many provinces and cities of
the country including Bac Lieu province, has seriously affected the
overall economic development of the country and has directly
infringed upon the legitimate rights and interests of the people and
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community. The situation of crimes that infringe upon human life
and health - a basic and important human right, is increasing and
becoming more and more important in Bac Lieu province.
In order to effectively prevent crimes of infringing upon human
life and health in Bac Lieu province, it is necessary to examine such
situation. This is a great theoretical and practical matter so as to have
necessary solutions to prevent crimes of infringing upon human life
and health in Bac Lieu province. By examining situation of crimes
that infringing upon human life and health in Bac Lieu province
(between 2009 and 2019, and 285 actual sentences) to learn about the
complicated development of this crime over the years in Bac Lieu
province. Approaching the above situation, it is necessary to have a
comprehensive and systematic study in both theoretically and
practically on this type of crime in the province.
For the above reasons, the author has conducted the research titled
“Preventing crimes of infringing upon human life and health in Bac
Lieu province” as her doctoral dissertation to meet such
requirements.
2. Research purpose and tasks
2.1. Research purpose
The study aims to systematically and comprehensively approach
the prevention of crimes who infringe human life and health in both
theoretically and practically; find out difficulties and shortcomings of
crime prevention, as well as causes and circumstances of crimes
infringing upon human life and health. Thenceforth, the study tries to
propose solutions and recommendations to improve the efficiency of
preventing such crimes in the coming years in Bac Lieu province.
2.2. Research tasks
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First, the study reviews literature at home and abroad, general
reasonings about crimes that infringe upon human life and health, it
then identifies issues that need to further examine.
Second, the study supplements and completes the theory of
prevention of crimes infringing human life and health such as
concepts, principles.
Third, surveying and assessing the real situation of crimes of
infringing upon human life and health such as criminological rules
and characteristics of objects who infringing upon human life and
health between 2009 and 2019 in Bac Lieu province. Thenceforth,
the study seeks to clarify advantages, disadvantages, shortcomings
and causes in preventing crimes infringe upon human life and health.
Fourth, on the basis of surveys and examining the real situation of
crimes of infringing upon human life and health in Bac Lieu
province, the study will predict and propose solutions to improve the
efficiency of preventing such crimes in the coming years.
3. Research subject and scope
3.1. Research subject
The research subject of the study is the reasoning about
prevention of crimes of infringing upon human life and health, the
prevention of such crimes in practice; causes and circumstances lead
to these crimes. Thenceforth, the study proposes solutions to improve
the efficiency of preventing crimes infringe upon human life and
health in Bac Lieu province.
3.2. Research scope
- Spatially: The dissertation examines the practice of preventing
crimes of infringing upon human life and health in Bac Lieu
province.
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- Regarding time: The dissertation examines the period 20092019.
4. Methodology and research methods
The dissertation is conducted on the basis of dialectical and
historical materialism of Marxism-Leninism, the Party, State and
President Ho Chi Minh’s viewpoints.
The dissertation utilizes methods of analysis, synthesis, statistics
and expert method.
5. New contributions of the dissertation
- The dissertation seeks to supplement and complete theories on
crime prevention in general and crimes of infringing upon human life
and health in particular so as to enrich criminology and crime
prevention. The study also completes concept, meaning, principles,
contents and mechanism of preventing crimes of infringing upon
human life and health. It then points out the advantages,
disadvantages and obstacles of preventing crimes of infringing upon
human life and health in practice.
- Clarifying the real situation of crimes that infringing upon
human life and health in Bac Lieu between 2009 and 2019; the cause
and circumstances of such crimes so as to find out effective
preventive measures in Bac Lieu province. The study examines and
assesses objectively the situation of crimes of infringing upon human
life and health in Bac Lieu from 2009 to 2019.
- Predicting situation of crimes that infringing upon human life
and health, and factors affecting crime prevention. Thenceforth, the
study proposes solutions to prevent crimes of infringing upon human
life and health in the coming years in Bac Lieu province in particular
and the Criminology of Vietnam in general.
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6. Theoretical and practical significance of the dissertation
6.1. Theoretically: The research results of the dissertation
contribute to further complete the theoretical basis of crime
prevention and can be seen as reference for studying, teaching and
learning subjects of criminology and crime prevention.
6.2. Practically: By proposing solutions of preventing crimes that
infringing upon human life and health in Bac Lieu province to help
authorities to improve the efficiency of preventing such crimes.
7. Structure of the dissertation
Besides the introduction, conclusion and references, the
dissertation includes 4 chapters:
Chapter 1: Literature review
Chapter 2: Theoretical issues of preventing crimes of infringing
upon human life and health
Chapter 3: The real situation of preventing crimes of infringing
upon human life and health in Bac Lieu province
Chapter 4: Solutions of enhancing prevention of crimes of
infringing upon human life and health in Bac Lieu province
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Chapter 1
LITERATURE REVIEW
1.1. Research situation abroad
1.1.1. Research works on the theoretical issues of preventing
crimes of infringing upon human life and health
Research works on the theoretical issues of preventing crimes of
infringing upon human life and health such as “Examining and
preventing crimes infringe upon other person’s body” by G.I.Xe-TraRop (Criminology, Institute of Public Security Science Studies,
Hanoi, 1975, Chapter XVIII). In this study, the author tries to analyze
characteristics of criminology in cases of killing other persons and
causing serious injuries. “Causes and measures to prevent crime” by
V.Kudriavsev, People’s Public Security Publishing House, Hanoi
1987. This book mentions generally the issue of Soviet criminology.
“Theoretical basis of crime prevention” by Minkovskij G.M,
Moskva, Jurid Literature, 1987. This book prevents the theoretical
issues on crime prevention.
1.1.2. Research works on the real situation of prevention and
solutions to prevent crimes of infringing upon human life and
health
“Crime prevention strategies in Europe and North American” by
John Gragam, European Institute for Crime Prevention and Control,
Helsinki, Finland, 1997. This book presents the real situation and
measures to prevent crime, in which, it presents three basic groups of
measures in preventing crime.
In short, measures of crime prevention mentioned above to be
both practical and theoretical significance for crime prevention in our
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country today. Thus, this is a valuable reference for the author to
conduct this dissertation.
1.2. Research situation at home
1.2.1. Research works on theoretical issues of crime prevention
“Textbook of Criminology” by Vo Khanh Vinh, Ngo Ngoc Thuy
& Ly Van Quyen, Hanoi Law University, People's Public Security
Publishing House, 1998; According to the authors, the crime
prevention is a very complexly and importantly theoretical and
practical issue. “Textbook of Criminology” (reissue) by Vo Khanh
Vinh. This is a theoretical handbook about criminology. “Textbook of
Criminology” by Nguyen Van Canh (editor), People's Public
Security Publishing House, 2011. This book presents basic
theoretical knowledge on criminology and crime prevention. “Social
control for crime” by Trinh Tien Viet (editor), National Political
Publishing House, Hanoi, 2014. “Concept of crime prevention in
terms of criminology” by Trinh Tien Viet, Journal of Science, Hanoi
National University, 2008. “On the basic principles of crime
prevention” by Trinh Tien Viet, Journal of Procuracy, Supreme
People’s Procuracy, No. 09 (May 2008). In this study, the author
seeks to analyze scientific concept of crime prevention, as well as
scientific and practical significance of the concept of crime
prevention, and basic principles of crime prevention. “Crime
prevention in criminology” by Nguyen Ngoc Hoa, Journal of Law,
No. 6, 2007. In this work, the author believes that crime prevention is
an important content of criminology.
1.2.2. Research works on theoretical issues of preventing crimes
of infringing upon human life and health
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“Preventing and investigating personal crimes” by Bui Van Thinh
& et al, People’s Police Academy, Hanoi, 2011. This book mentions
theoretical issues on measures of preventing, detecting and
investigating typical crimes infringe upon another person’s identity.
“Criminal liability for crimes of infringing upon human life, health,
dignity and honor” by Dinh Van Que, National Political Publishing
House, Hanoi, 1997. This book presents common principles, features
and explain scientifically crimes of infringing upon human life,
health, dignity and honor. The author also analyzes and clarifies the
typical legal signs of each crime in this group. “Preventing crimes of
infringing upon human life and health of the people’s police force”
by Bui Van Thinh, doctoral dissertation in law, People’s Police
Academy, 2007. In this study, the author analyzes and clarifies the
theoretical issues on crime prevention, the real situation of crime
prevention and solutions to enhance the efficiency of preventing
crimes infringe upon the people’s police force life and health.
However, this dissertation has just examined specific prevention for
the people’s police force but has not mentioned such crime
prevention for other objects in society, for example, socio-political
organizations, unions and other Boards. “Preventing crimes in
Vietnam in the Doi Moi era” by Nguyen Xuan Yem, People’s
Security Publishing House, Hanoi, 2005. This is a comprehensive
and intensive research work on prevention and fight against crimes in
our country in the Doi Moi era. It has comprehensively and
systematically generalized the common theoretical issues of
criminology and crime prevention for each specific crime. “The
socialization of crime prevention” by Nguyen Van Lan, People’s
Public Security Publishing House, Hanoi, 2014. The author presents
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a quite comprehensively theoretical system on the socialization of
crime prevention and fighting against crime in Vietnam today.
1.2.3. Research works on the real situation and measures of
strengthening prevention of crimes that infringing upon human life
and health
“Preventing and combating murder in provinces and cities in the
South” by Pham Hong Cu, People's Public Security Publishing
House, Hanoi, 2005. This book examines characteristics and
development of murderous crimes in the South and the real situation
of prevention and investigation of the people’s police force. “Crime
prevention of the police force in administrative management of social
order” by Tran Phuong Dat & Tran Vinh (editors), People's Public
Security
Publishing
House,
Hanoi,
2005.
This
book
has
systematically mentioned theoretical and practical issues on crime
prevention of the police force who manage administration of social
order. “Crime using violence in Vietnam: Situation, causes and
solutions” by Bui Van Thinh, Ministry-level project, 1999. This work
has mentioned theoretical and practical issues on prevention of
crimes that using violence in Vietnam.
“Murderous crimes by social causes and prevention in Vietnam”
by Cao Ba Quang, Ministry-level project, 2002. This work has
proven that the People’s Police force, in fact, always determines that
murderous crimes accounting for a low percentage of the total
number of crimes that violate social order (accounting for 1.6%) but
this is a very serious crime.
The above-mentioned works have presented general awareness of
crimes infringing upon human life and health and preventing such
crimes. They have correctly assessed this crime situation in some
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provinces and cities; have identified causes and circumstances of
crimes and have analyzed the effects of socio-economic factors,
thereby, predicted this crime situation in the coming years. However,
the contents have not yet emphasized and highlighted prevention,
solutions are not clear and have not mentioned specific matters to
minimize such offenders.
1.3. General assessment of the research situation and the
issues that need to be further examined
1.3.1. Regarding the theory of prevention of crimes infringing
upon human life and health
This is a very necessary and important material source to further
examine the key contents of the dissertation. By reviewing literature,
it is necessary to have effective preventive measures to minimize
crime situation. For abroad research works, although they did not
directly mention specific contents of the dissertation, they have made
useful contributions in theory, namely, reasoning about criminology
and crime prevention in general.
1.3.2. Regarding the real situation of preventing crimes that
infringing upon human life and health
In general, the above works have not been intensively examined
and specifically focused on the prevention of crimes that infringe
upon human life and health. Most of research works have focused on
solution of crime prevention and divided this solution into different
levels such as preemptive, direct prevention and recidivism
prevention. Some research works have just mentioned common
issues on crime prevention and fighting against crimes in the new
stage, including crime prevention in the specialized agencies such as
the police.
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The proposed solutions are still general and have not mentioned
specific matters of preventing crime to minimize this crime, and have
not intensively examined prevention and preventive measures against
crimes of infringing upon human life and health.
1.3.3. Pending questions that need further examine in this
dissertation
- Examining theoretical issues on prevention of crimes that
infringe upon human life and health, and further clarify the purpose,
meaning, preventive mechanism, principles and solutions.
- Examining the real situation of prevention of crimes infringe
upon human life and health in Bac Lieu province.
- Examining the content, causes and circumstances of crimes
infringing upon human life and health in Bac Lieu province.
- Predicting situation of crimes infringing upon human life and
health in Bac Lieu in the coming year.
- Proposing solutions to improve the efficiency of prevention of
crimes infringing upon human life and health in Bac Lieu province.
1.4. Research question and hypothesis
1.4.1. Research question
How is the reasoning of crime prevention and the real situation of
preventing crimes of infringing upon human life and health, and how
can improve the efficiency of preventing this crime in Bac Lieu
province?
1.4.2. Research hypothesis
The situation of crimes infringe upon human life and health in
Bac Lieu is still complicated, so the author assumes that this crime
prevention has still limitations, the preventive forces are not enough
quantity and quality, lack of preventive measures and the
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coordination among preventive forces is not yet tight. Therefore, it is
very necessary to propose solutions to strengthen prevention of this
crime in Bac Lieu province.
Summary chapter 1
The author has reviewed literature on the situation of prevention
of crimes infringing upon human life and health including domestic
and foreign research works on this crime. The author has also made
general assessments of preventive theory, the situation of prevention
of crimes that infringing upon human life and health.
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Chapter 2
THEORETICAL ISSUES OF PREVENTING CRIMES OF
INFRINGING UPON HUMAN LIFE AND HEALTH
2.1. The concept and meaning of prevention of crimes that
infringing upon human life and health
2.1.1. The concept of prevention of crimes that infringing upon
human life and health by Vietnam’s criminal law
Preventing crimes of infringing upon human life and health is
defined as activities of state agencies, social organizations and
citizens to apply different measures to eliminate causes and
circumstance of crimes infringing upon human life and health to
prevent, limit, reduce, and eventually eliminate such crimes.
2.1.2. The meaning of prevention of crimes that infringing upon
human life and health
- To strengthen and further protect people’s rights (human rights);
- To protect the most precious things of human beings, that is their
life, health.
- As the basis for planning and promulgating guidelines and
policies to effectively prevent this crime. Proposing measures to
gradually limit and eliminate causes and circumstances that leading
to crimes infringe upon human life and health in order to gradually
eliminate these crimes from social lives.
- The dissertation has great social and political significance. The
social management will be better if the crime prevention does well.
2.2. The content of preventing crimes of infringing upon
human life and health
2.2.1. Types of preventing crimes of infringing upon human life
and health
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General and special prevention
2.2.2. Principles of preventing crimes of infringing upon human
life and health
Legal principles; Humanitarian principles; Democracy principles;
Principles of close coordination among crime prevention agencies;
Principles of respecting and protecting human rights; Scientific and
creative principles.
2.2.3. Subjects of preventing crimes of infringing upon human
life and health.
2.2.3.1. Party organizations:
2.2.3.2. State management agencies:
2.2.3.3. Legal protection agencies:
2.2.3.4. Other agencies, departments, boards, and organizations
and the people.
2.2.3.5. The relationship between subjects of preventing crimes of
infringing upon human life and health
Based on the functions and duties of each subject and their
relationship to build the content of specific coordination, as well as
clearly define responsibilities of each subject.
2.2.4. Measures to prevent crimes infringing upon human life
and health
- Socio-economic measures; legal measures; cultural and
educational
measures; measures
of social
organization and
management, and mobilizing the people.
Some separate precautionary measures: Precautions for those who
intent committing crime; precautions for those who are in danger of
their life and health; measure of controlling the people’s residence in
society.
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2.3. Causes and circumstance of crimes infringing upon
human life and health
2.3.1. The socio-economic causes and conditions
Negative impacts of the market economy have affected the
country; The discovery and settlement of conflicts among the people
have not been in time or thoroughly, leading to protracted conflicts,
as well as irresponsible and indifferent attitude in the community.
2.3.2. Negative causes and conditions arising from living
environment
- Family Environment: Due to the lack of parental concern and
negative influence of adults in the family; Due to childhood violence
victimization and being overprotected by parents without appropriate
educational measures.
- School environment: It is necessary to build a safe and healthy
educational environment to prevent school violence. Focusing on
intellectual and physical development, as well as discovering and
fostering talents, and educating personality, ethics, lifestyle and legal
knowledge for students.
2.3.3. The social causes and conditions
- The socio-economic and cultural causes and conditions;
propagation and dissemination of the law, and the state management
of social order and safety.
2.3.4. Causes and circumstances of subjects infringing upon
human life and health
Causes arise from offenders.
2.3.5. Causes and circumstances of deviations while motivating
offense
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Deviation of preferences and implement acts and realizing these
acts.
2.4. The relationship between the prevention of crimes
infringing upon human life and health and the causes and
circumstances of such crimes, and the identity of crimes
infringing upon human life and health
2.4.1. The relationship between the prevention of crimes
infringing upon human life and health and the causes and
circumstances of such crimes
2.4.2. The relationship between the prevention of crimes
infringing upon human life and health and their identity
Summary chapter 2
Crime prevention in general and preventing crimes of infringing
upon human life and health in particular are not only responsibility of
each individual but also the common responsibility of the whole
society. In chapter 2, the author has generally examined the
theoretical issues on preventing crimes of infringing upon human life
and health by building up the concept of preventing crimes infringing
upon human life and health. It has explained and clarified contents
including principles of prevention and subjects of preventing crimes
that infringe upon human life and health. Thenceforth, it has built up
contents and precautious measures in Bac Lieu province.
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Chapter 3
THE REAL SITUATION OF PREVENTING CRIMES OF
INFRINGING UPON HUMAN LIFE AND HEALTH IN BAC
LIEU PROVINCE
3.1. Bac Lieu province's natural, socio-economic situation and
characteristics that related to the prevention of crimes of
infringing upon human life and health.
3.2. Awareness of preventing crimes of infringing upon human
life and health in Bac Lieu province
3.2.1. Awareness of the purpose and meaning of preventing
crimes of infringing upon human life and health
Recognizing the importance of crime prevention in general, and
preventing crimes of infringing upon human life and health, over the
years, Bac Lieu province’s Party Committees and government have
actively developed and implemented action programs and plans to
reduce causes and conditions of situation of crimes infringing upon
human life and health.
However, there are also some limitations:
- Some committees and authorities at the grassroots level are not
fully aware of the roles and responsibilities of each agency and unit,
as well as lack of synchronous coordination among departments,
boards and localities.
- The province’s policies are relevant to the prevention of crimes
that infringing upon human life and health have not shown
continuity, there were not outstanding guidelines and regulations
during period 2009-2019.
3.2.2. Awareness of principles and contents of prevention of
crimes that infringing upon human life and health
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State agencies and people of Bac Lieu province are aware that in
order to effectively prevent the situation of crimes that infringe upon
human life and health, it is necessary to promote the principle of
democracy and coordination of subjects together, and other principles
related to the prevention of such crimes.
3.3. The real situation of mechanism of preventing crimes of
infringing upon human life and health
3.3.1. The real situation of subjects who prevent crimes of
infringing upon human life and health
- The achieved results of subjects who prevent crime situation
* Regarding people who implement legal propaganda
* Regarding agencies of legal protection
- Procurators
- The People’s Public Security forces
- The Judge’s quality and quantity
- The Judgement enforcement forces
In general, the forces have done well in preventing crimes of
infringing upon human life and health, and attracting the people’s
response in the province. However, it can be seen that, these forces
are not enough, the facilities for preventing are still limited, leading
to a low effectiveness of prevention.
3.3.2. The real situation of relationship among subjects in
preventing crime
- The achieved results of coordination among subjects in
preventing crimes
+ Coordination among subjects in legal propaganda activities
+ Coordination among subjects in crime prevention activities
* The limitations of the crime prevention coordination mechanism
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