The nescessary of public interest lawyers to State Admistration in Vietnam Part 2

Đăng lúc: 27/03/2019 08:42

     During the development of the Socialist multi-component commodity economy, beyond positive values, this economic model also brings negative impacts. Especially, public interest has not been adequately addressed and seriously abused.

     In reality, the business or private sector is protected by commercial lawyers; the individual or family concerns are protected by civil/criminal lawyers. Meanwhile, public values (such as environmental pollution, public health) are completely absent of lawyers, or else, the lawyers only participated in the level of advice and assistance, so they did not guarantee the depth and resolve the problem thoroughly. Some lawyers actively involved in protecting public interests are easily misunderstood as social activists or political activists, causing certain obstacles when working with the Government and State agencies. competent and related parties.

     Theoretically, the theoretical foundation of public interest lawyer has not been fully established in order to seriously research and evaluate. Therefore, the public interest lawyers have not yet been recognized and become a professional in the law career orientation, as well as not yet in the planning and strategy of developing the lawyer team in Vietnam.

     We can see this clearly through the system of the curriculum which mainly focused on commercial, civil and criminal lawyers without any content related to public interests, or mentioned but only at the encouragement, or formalistic level.

     In the past time, LPSD’s involvement in the role of public interest lawyer to protect public values has created positive impacts on the society in general, as well as in the management and administration of the Government in particular, as follows:

     Firstly, people are aware of their basic rights and actively exercise those rights by organizing an active - solidarity - knowledgable community, using legal instruments effectively.

     Secondly, when people practice their basic rights well, the government officials are more aware of the strict observance of the provisions of the law in the process of implementing the functions and tasks which they were assigned.

     Thirdly, people's voices have been improved, state officers capacity has been improved, leading to the result that interest groups cannot take advantage of community’s ignorance or disunity, or limited capacity of government officials. Thereupon, interest groups cannot takeover of power, abuse of power for personal gain, corruption and harassment.

     Fourthly, effective institutions will contribute to strengthening national, regional and international stability.

 

 

                                                                          LL.M. Dang Dinh Bach

                                    Director, Law and Policy of Sustainable Development Research Center

 

 

 



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