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TTLV: The doctrine of separation of powers and the improvement of the state apparatus in Vietnam today.

Monday - November 22, 2010 11:33 AM
Information about the thesis "The Doctrine of Separation of Powers and the Improvement of the State Apparatus in Vietnam Today" by graduate student Vu Duy Tu, majoring in Political Science.
Information about the thesis "The Doctrine of Separation of Powers and the Improvement of the State Apparatus in Vietnam Today" by graduate student Vu Duy Tu, majoring in Political Science.1. Student's full name: Vu Duy Tu 2. Gender: Male 3. Date of birth: February 22, 1982 4. Place of birth: Ninh Binh City - Ninh Binh Province 5. Decision number recognizing the student: 2551/2007/QD-XHN-KH&SDH, dated November 2, 2007, issued by the Rector of the University of Social Sciences and Humanities, Vietnam National University, Hanoi. 6. Changes during the training process: None 7. Thesis title: “The doctrine of separation of powers and the improvement of the state apparatus organization in Vietnam today”. 8. Specialization: Political Science; Code: 60 31 20 9. Scientific Advisor: Dr. Luu Minh Van. 10. Summary of Thesis Results: One of the fundamental requirements of a rule of law state is the separation of powers (clear division of labor and responsibilities) among state agencies in the exercise of legislative, executive, and judicial powers, aiming to create independence and high operational efficiency for each agency within the state apparatus. Simultaneously, there must be a mechanism for mutual control and cooperation among state agencies. A question arises: how can the state satisfy these requirements? This is a rather complex issue for our country today. To find an answer to this question, it is necessary to understand the concept of separation of powers, specifically the concept of "separation of powers," its influence, and its significance in the exercise of state power. With the desire to contribute to clarifying the meaning and value of the theory of separation of powers, as well as how to apply its rational core principles in the construction of our State in the current period, and to contribute ideas to the reform of the organization and operation of our state apparatus, I boldly chose the topic: "The Theory of Separation of Powers and the Improvement of the Organization of the State Apparatus in Vietnam Today" as the subject of my master's thesis. In the research process, we mainly relied on methods of collecting and processing information and data. When processing, I used a combination of specific methods: analysis, synthesis, generalization, and comparison of different viewpoints of various authors on a single issue. Simultaneously, I combined this with my own reasoning and interpretation of the issues raised. The overall results are as follows: - Through a specific, comprehensive, and systematic examination of the views on the organization of the state apparatus of Aristotle, John Locke, and ultimately Montesquieu, the thesis clarifies the concept of the separation of powers, its historical formation and development, its content, theoretical and practical value, and its limitations. - By comprehensively presenting the influence and application of the separation of powers in the organization of the state apparatus in several representative countries and the significance of this concept in the organization of our state apparatus, the thesis contributes to affirming the practical value of the separation of powers in designing models of state apparatus organization, while also highlighting the basic characteristics, advantages, and limitations of each level of application to serve as reference material for learning and drawing lessons in the process of reforming the organization and operation of our state apparatus. - Based on the research results, we boldly propose some recommendations to reform the organization and operation of our State in the direction of more widely applying the reasonable points of the idea of ​​separation of powers in order to achieve the goal of building a strong rule of law state in Vietnam. 11. Practical application potential: (if any) 12. Further research directions: (if any) 13. Published works related to the thesis: - Theoretical and practical basis for building a socialist rule of law state of the people, by the people, for the people, Dr. Tran Hau Thanh, Political Theory Publishing House, Hanoi, 2005. - The idea of ​​separation of state power and the organization of the state apparatus in some countries, Dr. Nguyen Thi Hoi, Justice Publishing House, Hanoi, 2005.

INFORMATION ON MASTER'S THESIS

1. Student's full name: Vu Duy Tu 2. Gender: male 3. Date of birth: February 22nd, 1982 4. Place of birth: Ninh Binh City – Ninh Binh Province 5. Student Certificate No. 2551/2007/QD-XHN-KH&SDH dated on November 2nd, 2007 by the rector of the University of Social Sciences and Humanities, VNU Hanoi. 6. Changes in the education and training process: None 7. Thesis's topic: “The theory of Powers separation among three branches to the completion of government apparatus organization of Vietnam”. 8. Major: Politics; Code: 60 31 20 9. Instructor: Dr. Luu Minh Van 10. Thesis results summary: One of a right government's basic requirements is the separation of powers (clear separation of tasks and responsibilties) between State bodies in implementing legislative, executive and jurisdictional rights to develop the independence and high operating efficiency for each agency in the government apparatus. It is of real need to have a mechanism to control the powers and cooperations between State bodies. Therefore, a difficult question has been set out: How does the State meet those requirements? Currently, this is a quite complicated problem for Vietnam. To find out some reasonable and effective solutions for the problem, the research on theory of powers separation, especially the thought of “Separation of powers among three branches”, its infulence and meaning in implementing the State's powers is very necessary. With the hope of contributing to clearly explain the meaning and value of the theory of powers separation as well as applying its reasonable advantages to the implementation of the current government apparatus of Vietnam, and reforming the government apparatus's organization and operation, I bravely choose the topic: “The theory of Powers separation among three branches to the completion of government apparatus organization of Vietnam” to be mi master thesis topic. In the research process, we mainly depend on the method of data information collection and processing. When processing data information, I comprehensively use some specific methods: analyzing, summarizing, genelazing and comparing ideas of different authors about one issue as well as my ideas to analyze, explain and make suggestions for the above-mentioned problems. The followings are some generalized results: - By specifically, comprehensively and logically considering some ideas about methods of government apparatus organization of Aristote, John Locke, and especially, Montesquieu, the thesis clarifies the definition of the satet powers separation and its history, development, content, theoretical value, practical value and disadvantages. - By comprehensively presenting the influence and application of the powers separation thought to some countries' government apparatus organization and the meaning of powers separation thought in organizing our government apparatus, the thesis not only contributes to confirming the practical value of the powers separation thought in designing government apparatus organization models, but also states its basic characteristics as well as advantages and disadvantages for reference materials in the process of our government apparatus operation and organization reforming. - Based on some obtained results, we make out some suggestions to reform the government organization and operation of Vietnam in orientation of further applying the powers separation thought's advantages to reach the mission of sustainable Vietnamese right government development. 11. Applying capacity in reality: (if any) 12. Further research directions: (if any) 13. Some issued works related to the thesis: - The theoretical base and development reality of the Socialist Right Government of the people, by the people, for the people, Dr. Tran Hau Thanh, National Political Publishing House, Hanoi, 2005. - The thought of government powers separation and the organization of government apparatus in some countries, Dr. Nguyen Thi Hoi, Judicial Publishing House, Hanoi, 2005.

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