Comparison between Vietnam Court system and United State Court system in the judicial process
The judicial process of Vietnam Court system and the United State Court system have similarities and differences. These can be elucidated in the structural organization of the court systems, the reconciliation process, administration of justice and criminal investigation and prosecution. Source sources and interpretation of the law is also a focal point. In the Vietnam court system, the structural organization entails district people’s court, the provincial people’s court and the supreme people court. This go hand in hand with the structure of United States Court system which involves United States District Courts, United States Court of Appeal and highest level being the Supreme Court of the United State. Other courts in both systems include military, economic and united state courts of international trade. The similitude of these two judicial systems can be demonstrated in the process of employment of judges and their terms in office. In the Vietnam court system, the judges approval is done by the assembly and appointed by the head of state. The judges then have a term of five years in the office like the government which appointment them to work. This is similar to the united state court system where the Supreme Court, the court of appeal and the district court judges are appointed to the office by the president of the United State with the approval of the senate. Mostly judges the ruling party hence their term in the office is four years just as the time of the government that put them into the jobs.
The duties of the Vietnam court system and the united state court systems are also similar. This is mainly exemplified in the District People Court in the Vietnam system and the District Federal court system of the united. The District People’s Court has one professional judge and two lay assessors when adjudicating the normal cases.in the society. The number of professional judges rise to two with one assessor when addressing a more serious criminal case. The principal cases resolved by this body are domestic offences and criminal offences. On this basis, it shares the same roles with the United States district whose main jurisdiction is to settle civil and criminal offences. The other valuable semblance in the duties addressed by the provincial People’s Court in the Vietnam Court system and the United States court of Appeal. Both the categories have judges appointed to the office by the head of the state on the recommendation of the national assembly or approval from the senate house. In both, cases from district courts appeals at this level. Most of the cases are civil and criminal. The highest courts of jurisdiction in both judicial processing are the Supreme People’s Court of Vietnam and the Supreme Court of the United State of America. Both headed by the Chief justice an appointee of the head of state on the approval of the national assembly or the senate. The institution of supreme courts in both the judicial systems is by the constitution in which case United State it is the Congress and the Vietnam is the National Assembly.
It is critical to note that as much as there are similarities in the two court system, in the judicial processes, there are also enormous differences that are evident. To begin with, structural organization of the judicial system in these two court system varies considerably. In the Socialist Republic of Vietnam, the court systems are organized from preliminary level with the initial system of the judicial process being a local reconciliation groups these solve informal disputes and mediated by village elders and virtuous men. This is in contrast to the United States federal, state courts that majorly solve local cases such as divorce, inheritance issues and low grade criminal cases. Unlike in the Vietnam system this...
Please join StudyMode to read the full document