越南法律规定的不剥夺自由的惩罚原则

Tran Thuy Lien
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引用次数: 0

摘要

越南颁布了许多法律文书,作为组织和操作刑事判决执行的依据。然而,它们大多侧重于监狱和死刑的执行,而没有真正对不剥夺自由的刑罚的执行给予足够的重视。我国不剥夺自由执行刑罚法律文书制度的出台时间不同,存在很多不足,很多内容没有明确规定,给执法带来了很多困难和障碍。由于是一种行政司法活动,刑罚的执行并不剥夺许多主体的自由,而且判决执行的顺序和程序相对复杂,可能出现错误,降低正义感。惩罚的意义不是剥夺自由。因此,研究法律规定中的刑罚不剥夺自由原则具有科学和现实意义。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Principles of punishment without deprivation of liberty in the provisions of Vietnamese law
Vietnam has promulgated many legal documents as a basis for the organization and operation of criminal judgment enforcement. However, most of them focus mainly on the execution of prison and death penalty without really paying enough attention to the execution of punishments without deprivation of liberty. The system of legal documents on penalty enforcement without deprivation of liberty was issued at different times, so there are still many shortcomings, many contents have not been specified, leading to many difficulties and obstacles in law enforcement. Because it is an administrative-judicial activity, the execution of punishments does not deprive freedom of many subjects, and the order and procedures for judgment execution are relatively complicated, errors may occur, reducing the sense of justice. The meaning of punishment is not deprivation of liberty. Therefore, studying the principles of punishment without deprivation of liberty in the provisions of the law has scientific and practical significance.
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