BẢO VỆ THẨM PHÁN ĐỘC LẬP TRONG NHÀ NƯỚC PHÁP QUYỀN XÃ HỘI CHỦ NGHĨA VIỆT NAM

Abstract

The independenceof judges is a fundamental requirement in a socialist rule of law state. Ensuring judicial independence is a complex legal issue. In Vietnam's socialist rule of law state, with the characteristic of unified state power, there is a division, coordination, and mutual control in the exercise of legislative, executive, and judicial powers. Therefore, judicial independence is primarily ensured by the independence of judicial activities. To ensure the independence of judicial activities, the Constitution stipulates that "Judges and people's jurors are independent and subject only to the law; no agency, organization, or individual shall interfere in theadjudication of judges and people's jurors." Ensuring strict compliance with this principle requires detailed and comprehensive elaboration by civil, administrative, and people's court organizational procedures. This study focuses on analyzing the current state of civil and administrative procedural law to identify inadequacies and limitations, thereby providing recommendations to enhance the effectiveness of legal enforcement in this area