Research On The Theoretical Constructiion Of Socialist State Of Rule Of Law In Vietnam

Vietnam formally proposed to build a Socialist State of Rule of Law(Nha Nuoc Phap Quyen Xa Hoi Chu Nghia)in Vietnam on 1991.The theory of Socialist State of Rule of Law has experienced impressive progress in past years,which becomes a guideline to build a country.In China,academics talk about it,though it produced confusion.Especially about "phap quyen".People thought "phap quyen" probably lead Vietnam to the separation of powers or capitalism.Key points includes Vietnam’s poor discourse in politics,poor knowledge about "phap quyen" in Chinese context and cross-cultural translation between China and Vietnam.From that three points,this research apply discourse analysis to enrich the knowledge of Socialist State of Rule of Law in Vietnam,especially the theory construction,The discourse of "phap quyen" is a lead to go through natural law,German legal philosophy,Marxist Lenin State theory,etc,and to form a conceptual history.As a comparison of "phap quyen" in Socialist State of Rule of Law,those concepts of "phap quyen" from different culture and history.Besides,research also consider counter-discourse and cross-cultural translation as part of "phap quyen" discourse.Research focuses on "phap quyen" discourse,and build a theoretical construction base on it,comprehensively and deeply analyze reconstruction of the "phap quyen" discourse within Socialist State of Rule of Law in Vietnam.The research aims to answer the confusion on Socialist State of Rule of Law in Vietnam.Research explains “what is‘phap quyen’ discourse”,“why reconstruct ‘phap quyen’ discourse in Vietnam” and“how Vietnam constructs the theoretical system of a socialist Socialist State of Rule of Law by reconstructing the discourse of ’phap quyen’”.At first,‘phap quyen’ show its characteristics as discourse by its concept and translation,which means discourse analysis is capable to study the construction of "phap quyen" discourse from different history and culture,answering “what is ‘phap quyen’ discourse”.Secondly,it is necessary to get rid of the dilemma of discourse by reconstructing “phap quyen”discourse.This “phap quyen” discourse is expected to reflect the structure of political development,to enhance communication between Vietnam and other countries with legal system.A proper “phap quyen” discourse possibly makes Vietnam more comfortable to play part of international community.Also,there is some negative expression of Socialist State of Rule of Law from anti-side to be concerned,proper “phap quyen” discourse is the best defense and argument.The reconstruction of “phap quyen” discourse bases on that logic of the transition from thought experiment to historical narrative,from natural law to moral narrative,from rights-centered narrative to structural narrative,and from society-centered narrative to state-centered and party-centered narrative.It answers “why reconstruct ‘phap quyen’ discourse in Vietnam.” Thirdly,“phap quyen” discourse is related to the natural law,German legal philosophy,Marxist Lenin State theory,etc,Britain,German,France and Soviet even practice it by their own way.Vietnam learn from it but beyond it by its own way to build the Socialist State of Rule of Law.Vietnam according to their legal history,following the socialism and creed of democracy and fairness,to build the Socialist State of Rule of Law.That theory confirms the essence of socialism,and produce "Party leadership","unification of state power","party leadership,state management,and people being the masters of the country" and other characteristic discourses of Vietnam’s socialist State of Rule of Law,developing in the context of Vietnam’s socialist transition period.It answers the question of "how Vietnam constructs the theoretical system of a socialist Socialist State of Rule of Law by reconstructing the discourse of ’phap quyen’".It should be noted that under the dominant discourse of Vietnam’s Socialist State of Rule of Law,there are still counter-discourses,such as Vietnam’s humane society,no-litigation culture,“royal power lost to township governance”,and misinterpretation of public opinion,which has a counterproductive effect to the construction of a Socialist State of Rule of Law.Vietnam,on the other hand,alleviated the influence of counterdiscourses to a certain extent by improving the rule of law in rural areas,promoting anti-corruption,and strengthening public opinion guidance.In general,the theory of Vietnam’s Socialist State of Rule of Law is the construction of knowledge-power,with the purpose of getting rid of the cage of Western discourse and establishing its own discourse,which is opposite of Western centrism and discourse hegemony.It is the development of the Marxist theory and has made important contributions to the theory and practice of scientific socialism.