THE MECHANISM FOR LAW PROTECTION - AN EMPIRICAL STUDY IN VIETNAM

Resumo

Mechanisms for law protection play a crucial role, defined in the perspectives and actions of each entity, including the state and non-state actors (social organizations, citizens), in maintaining the supremacy of law. From a holistic perspective, the mechanism for protecting the law is a system of norms, institutions (courts, procuracies, administrative agencies), and operational methods (enforcement, supervision, inspection, investigation, adjudication) aimed at ensuring that the law is respected, strictly enforced, and that justice and human rights are protected. This study identifies the mechanism for protecting the law in a specific context, manifested in two aspects – law enforcement and supervision of law enforcement. The author constructs a theoretical framework based on an empirical analysis of the influence of these two mechanisms on law protection in Vietnam. The theoretical model consists of two independent scales/variables: “Mechanism for law enforcement” (LE) and “Mechanism for monitoring law enforcement” (ML), and one dependent scale/variable: “Law protection” (LP). Based on the developed theoretical model, the author surveyed 510 people from several localities in Vietnam, including Lang Son province (Northern), Quang Tri province (Central), and Vinh Long province (Southern). The survey results showed that the law enforcement mechanism was rated well, but the law enforcement monitoring mechanism was rated lower. From this practical experience, the author discusses the main content of policies to promote democracy and mobilize citizen participation in state governance in Vietnam.