Public Law

legal normative + precedent

rights and duties of the subjects are always in terms of state administrative management

The relationships are arised by requirements of any side

At least one side of the admini legal relationships holds the state power

Almost the administrative disputes are settled by the administrative process. (all: process + procedure)

The administrative violators have to liable for the illegal acts before the state.

administrtive agency: The Government; Ministries; The People’s committee; Departments, Councills

admini: enacted by Admini agencies, only in state admini management

judi: enacted by, at the people's court/ appear in many legal relationships

danger level: < than crimes

subjects: individuals and juristic person

violation sector: state admini management only

eg: A cross red light -> B little damage -> adm delict

enacted by: competence agencies (admini agc)

the subjects liable for the violation before the state (break the state benefit only)

admini procedure: is used to apply admini sanction

adjusting methods: authority/ objects: relationship betweem offender and the state

in state administrative management

mechanism to review admini decision

object of complaint: admini decisions

purpose: protect individuals right/ benefit (because of the imbalance in power in the admini relationship)

adjusting objects: relationship between offenders and state

adjusting methodology: authority

Penal Code (normative legislation doc)

is criminal delicts (a8)

Main criteria (VN theo triparty)

Actus Reus: activity need to be expressed outside

contrary to the law (A2)

Mens rea: intentionally and involutarily (A10, 11)

subjects have enough legal capacity (A12)

Classification: MAXIMUM

less serious: <3 years of imprisonment

serious: 3-7

very serious: 7-15

extremely serious: 15-20