THE LEGAL IMPERATIVE OF ADVERSARIALITY IN CIVIL PROCEDURE: ENSURING FAIR TRIAL STANDARDS IN VIETNAM

Abstract

 This article explores the crucial question of whether Vietnam's 2015 Civil Procedure Code effectively guarantees adversarial proceedings in civil matters. Using the methodology of legal analysis and comparative study, this study examined how the adversarial principle is applied in practice. The guiding approach for the study was informed by the paradox of whether the scales of justice are truly balanced. We scrutinize the current legal provisions, revealing their limitations and shortcomings, as well as areas where the system falls short of its intended purpose. Beyond simply identifying problems, this research sought to offer constructive solutions. We propose concrete recommendations to strengthen the legal framework, ensuring that the rights and interests of those involved in civil disputes are genuinely protected. We strive for a system that promotes fairness and transparency, where justice is done and seen to be done. Ultimately, this work contributes to the ongoing effort to reform legal regulations and refine civil litigation practices in Vietnam, fostering a more equitable and accessible justice system for all. The goal is to bridge the gap between legal theory and practical reality, resolving civil disputes a more just and efficient process.