Significance of Judicial Independence in the Law Governed by the Rule of Law in Vietnam

Tran Quoc Hung

Marxism school, Central South University, Hunan, China & Ho Chi Minh University of Banking, Ho Chi Minh, Vietnam

Huang Yong Peng

Marxism school, Central South University, Hunan, China

Nguyen Thi Lien

Vietnam National University of Forestry at Dongnai

Abstract:

Judicial independence refers to judgements made on the basis of facts and in the light of the law. Judicial independence lies in making sure that judges are not influenced by any outside party or the judge's own personal interests, nor by any fear of defamation or threats. The purpose of this study was to examine whether the Vietnamese judiciary understands its responsibility to protect citizens against unlawful acts of government, and the extent to which is independent of the legislative and executive pillars of the government. The study used a historical and analytical approach to investigate the data collected from Procurators, legal archives and libraries. During the data collection, the focus was on the Vietnamese constitution and other related Acts. The study came across a lot of limitations in the implementation of the judicial independence as judicial reforms. The findings of this study suggest that Judicial independence and legislative and executive wings of the government should always go together. The study also suggested that Judicial independence should be seen as the demand of society and the access to justice should be integrated with human rights.

Keyword:

Judicial, Judicial Independence, Communist Party of Vietnam, the law governed by the rule of law