THE ROLE OF PEOPLE'S PROCURACY IN PROTECTING CONSTITUTION IN VIETNAM

Abstract

In the legal system of countries, the constitution is considered the fundamental law, with the highest legal value, expressing the will, power and common values of the people. Therefore, the protection of the constitution has political and legal significance, related to the protection of the political regime, the state regime and people's sovereignty. The protection of the constitution is carried out by both state subjects (state agencies) and people subjects (social organizations, people) through the organization of law enforcement and supervision of law enforcement. This study refers to the state subject - the state agency that directly exercises the right to prosecute and supervise judicial activities to protect the constitution in Vietnam, which is the People's Procuracy. The theoretical framework is built with 02 independent scales/variables: "Practice of prosecution rights" (PR), "Supervision of judicial activities" (JA); and 01 dependent scale/variable "Protecting constitution" (PC). The author surveyed the opinions of 240 leaders and prosecutors of the People's Procuracy of 3 localities in 3 regions of Vietnam, including Thai Nguyen province (North), Quang Ngai province (Central), Tay Ninh province (South). The survey results show that the practice of the right to prosecute is well implemented, but the supervision of judicial activities is assessed at a lower level due to the impact of many reasons. From the conclusion of this study, the author discusses the content of policies to increase and balance the function of prosecution and the function of supervision of judicial activities towards the goal of protecting the Constitution of Vietnam in a sustainable manner.