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9 - Roots and Routes

Adapting the Soviet-Inspired Vietnamese Court and Procuracy System

from Part IV - Justice and Democratic Centralism

Published online by Cambridge University Press:  28 July 2018

Hualing Fu
Affiliation:
The University of Hong Kong
John Gillespie
Affiliation:
Monash University, Victoria
Pip Nicholson
Affiliation:
University of Melbourne
William Edmund Partlett
Affiliation:
University of Melbourne
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Summary

Two critical ‘socialist’ influences impact the Vietnamese court and procuracy systems: socialist legality and democratic centralism. While borrowed from the Soviet Union, these principles have their own histories in Tsarist and Soviet Russia and Vietnam. They have developed substantially in Vietnam over the near 60-year period since their introduction in the late 1950s. Through an analysis of socialist legality and democratic centralism in the Vietnamese courts and procuracies, we argue that democratic centralism remains palpable as a mechanism for Party-state management of these legal institutions. Socialist legality, on the other hand, is transforming and, in turn, producing new ‘legalities’, including rising competition between the procuracy and court systems. This competition is a new development with uncertain consequences for the courts and procuracies.
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Publisher: Cambridge University Press
Print publication year: 2018

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