A lack of legal knowledge
27/4/14
In a society there are many
different kinds of relationships. Each relationship is governed by many
different kinds of rules. That might be regulations of morality, religion or
law... Among these kinds of rules, regulations of laws play an important role.
They adjust the majority of relationships in society. Law is the expression of
the will of the State. And, the State is
representation of the people. Thus, the laws are issued under strict process and
must be specified in the Constitution – the highest law. So that, the inclusion
of a provision into the Criminal Law is calculated based on the social
relations in practice and international legal norms and laws of Vietnam
.
In reality, there are many people who
take advantages of democratic freedoms to conduct activities against the laws
infringing the legitimate rights and interests of the State, organizations and
individuals. For example, Dinh Nhat Uy who is a director of a limited liability
company AT, specializing in photo and repair computers, located in Tan An city
of Long An
province. Uy has edited and posted on his personal blog many articles, images
with false and distorted content that have violated the legitimate interests of
individuals and organizations and undermined the leadership of the Party and
the State. There are also many bloggers like that, such as Truong Duy Nhat,
Pham Viet Dao, Nguyen Ngoc Nhu Quynh, Pham Thanh Hieu... Therefore, the
existence of article 258 in the Criminal Law is totally consistent with the
objective reality of society when there are objects like them who perform illegal
acts specified in article 258.
Recently, a number of bloggers,
including blogger emerged as Chau Van Thi, Bui Tuan Lam…, has urged UN Human
Rights Council and many other human rights organizations to intervene and force
the State to eliminate the article 258 of the Criminal law: "The crime of
abusing democratic freedoms to infringe upon the interests of the State, the
rights and legitimate interests of organizations and citizens". These
bloggers have cited the provisions in Article 19 of the Declaration of Human
Rights: "Everyone has the right to freedom of thought and expression. This
right includes freedom of thought without being hindered, the freedom to seek,
receive and impart information and ideas through any media regardless of
frontiers". However, they deliberately ignore or don’t want to read the Paragraph
2 of Article 29 of the Declaration of Human Rights: "When exercising the
rights and freedoms, every people can only be restricted under the provisions
of law for the purposes of recognizing and respecting the rights and freedoms
of others and performing the works required by morality or guarantee the welfare
for a democratic society". Thus, the existence of the Article 258 are
fully consistent with the provisions of the Declaration of Human Rights of the
United Nations.
Hopefully, bloggers should learn
carefully about the provisions of international laws and the laws of Vietnam before
writing and posting any article. Do not quickly jump into conclusion based on
surface expressions, that easily lead to misunderstanding of the readers. Keep
in mind the ancient saying: "Bending the tongue seven times before
speaking"./.
All comments [ 10 ]
Real freedom only exists in laws and principles, if not, freedom means chaos.
I think bloggers should have legal knowledge, at least, enough to refrain them from doing wrong activities that cost damage to our national interests.
Yes, they can have their rights of freedom and democracy but they are not allowed to use that as excuses to hurt others'.
Go away, mind your own business, we don't want you to take care for our such rights of freedom.
It's so sad that there are many young people still believe in those allegations like that.
We should hold more courses and programs to educate legal knowledge for young people and teach them to be aware of those allegations.
It's so ironic that many international organizations, especially, human rights organizations, have praised these bloggers to the skies.
There are many hostile forces who want to overthrow our regime, we should launch more measures to fight them.
The government should punish them with heavy sentences to warn others.
Yes, I agree with Quoc Kien, it will be examples for those bloggers who are still trying to post wrong and false statements about the reality in Vietnam.
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