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Australian Journal of Asian Law

Abstract from Volume 3 No 1 (2001)

Judicial Independence and the Rule of Law: The Vietnam Court Experience

Penelope Nicholson is Associate Director, Vietnam, Asian Law Centre and Senior Fellow of the Faculty of Law both at the University of Melbourne. She has published research on Vietnamese labour law (1999) and constitutional law (1997 and 1999) and recently completed a doctorate concerning Vietnamese court development since 1945.

In this exploration of the Vietnamese courts, the significance of Vietnamese legal culture is highlighted while using a self-consciously Western perspective. The study situates the Vietnamese court system within contemporary Vietnamese state structures and attitudes to law. It commences with an introduction to the terminology and philosophies informing the Vietnamese courts and positions the study within the context of dispute resolution in Vietnam. The article then considers the structure and organization of the courts over time; the appointment and removal of judges and peoples' assessors; the education of judges; the role of courts decisions and guidelines; and the propagandist role of the courts. Other issues facing the Vietnamese courts in the contemporary period -- such as allegations of corruption and the relationship the courts have with other institution such as the procuracy -- are also addressed.

(2001) 3(1) Asian Law 37

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