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Information on Doctoral thesis of Fellows Nguyen Anh Tuan

1. Full name: Nguyen Anh Tuan                                                  2. Sex: Male

3. Date of birth: June 11th, 1977                                                4. Place of birth: Hanoi

5. Admission decision number: 2535  /QĐ-SDH dated 31th  July 2012, issued by the President of Vietnam National University, Hanoi.

6. Changes in academic process: Extending the study period by decision number 350/QĐ-ĐHQGHN, dated 19th February 2016 and 114/QĐ-ĐHQGHN, dated 16th January 2017

7. Official thesis title: “Theoretical and practical issues about the source of Vietnamese Criminal Law”

8. Major: Criminal Law and Criminal Procedure Law                       9. Code: 62 38 01 04

10. Supervisors: Professor, Doctor Le Van Cam

11. Summary of the new findings of the thesis:

Compared with the related research on the subject of the source of criminal law, the thesis has the following new points:

- Firstly, the thesis analyzes, clarifies the conception of the source of the criminal law, the characteristics and tasks of the source of the criminal law.

- Secondly, the thesis constructs the theory of source system model of criminal law. The author of the thesis first proposes the view of the source of interpretation of the criminal law. According to the author of the thesis, the source of the criminal law is a unified system, consisting of two components: 1) the source of the crime, penalties and other criminal legal regulations and 2) the source interpretation of criminal law.

- Thirdly, the thesis has systematically studied the sources of criminal law in the major legal traditions of the world in terms of comparative law.

- Fourthly, the thesis has examined the practical use of both types of sources of Vietnamese criminal law since 1945 before giving the assessment of advantages, disadvantages, shortcomings, limitations and the cause of these shortcomings.

- Fifthly, the thesis has raised the requirements and proposed appropriate and feasible recommendations to improve the source of Vietnamese criminal law in the coming time.

12. Practical applicability, if any:

The thesis can be applied directly to the construction of criminal law in Vietnam. The results of the thesis provide the rationale for Vietnamese lawmakers to make decisions on the new model of the source of the criminal law; It also contributes to the development of the sources of interpretation of Vietnamese criminal law, especially the legal precedent. In addition, the thesis is also a useful reference for researching, teaching, studying the subject of Vietnamese criminal law, subjects of theory of state and law, comparative law in law schools in Vietnam.

13. Further research directions, if any:

- In theory: continuing to develop theory on the source of the criminal law, especially the source model of the criminal law; as well as in-depth study of the source of criminal law from the viewpoint of comparative law;

- In practice: further study on the characteristics of the sources of Vietnamese criminal law in each period of historical development.

14. Thesis-related publications:

1. Nguyen Anh Tuan (2017), “Discussion on the definition of the source of the criminal law”, Journal of Jurisprudence, (07), (110), p74-80

2. Nguyen Anh Tuan (2015), “Sources of Criminal Law in some countries around the world”, Journal of Supervision, 01/2017, p.55-60

3. Nguyen Anh Tuan (2017), “Study of the United States Criminal Law from a Comparative Law perspective”, Journal of Supervision, (10), p.47-52

4. Nguyen Anh Tuan (2012), “The textual law of the Vietnam Penal Code”, Scientific Journal, Ha Noi national university, p.95-100

5. Nguyen Anh Tuan (2010), “The source of Vietnamese criminal law” National Political Publishing House.

 

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