| 题名 |
Modernization of the Legal System in Vietnam for Global Integration-Remarkable Elements in the regard of civil law |
| 作者 |
Nguyễn Ngọc Điện |
| 关键词 |
Legal system ； sources of law ； subjective rights ； property rights ； denial of justice |
| 期刊名称 |
東海大學法學研究 |
| 卷期/出版年月 |
65期（2023 / 04 / 01） |
| 页次 |
1 - 21 |
| 内容语文 |
英文 |
| 中文摘要 |
The contemporary Vietnamese legal system is developed in accordance with the Soviet model which is characterized by the prevalence of public law and the tutelary role played by the public authority in the social life scenario. Among the consequences, we can quote the originalities of the concept of sources of law on the one hand, and the position of law with respect to the individual freedom on the other hand. The integration of the country in the world political and economic activities logically leads the way to deep change in people's thinking towards liberalism and flexibism. That finally results in the renovation of the governing system. In the domain of law, these movements are transformed into efforts to adapt other legal cultures' achievements without consideration of the ideological divergence. Among these adaptations, the introductions of the new concept of sources of law and the subjective rights are particularly remarkable. That results in the regard of civil law, in thorough revision of the legal regimes of property and contract within the framework of elaboration of the new civil code adopted in 2015. That also leads the way to the consolidation of the role of judge in settlement of disputes in civil society. |
| 主题分类 |
社會科學 >
法律學 |
| 参考文献 |
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