Ministry of Education and Training

Ho Chi Minh City University of Law

International Law Faculty

SUBJECT : COMPARATIVE LAW

TOPIC 2 : Socialist Legal System
Lecturer LMM. Trần Ngọc Hà
Class 133 – CLCQTKD46
1. Trần Cao Minh Triết 2153401010127
2. Phan Nguyễn Trường An 2153401010012
3. Dương Tấn Kiệt 2153401010052
4.Tô Ngọc Bảo Ngân 2153401010071
 CONTENTS
1. Introduction and history in brief ................................................................1

1.1. Introduction of Socialist Legal System................................................1

1.2. The History of Socialist Legal System ................................................1

1.2.1. The Russian Revolution and Early Soviet Law (1917) .................1
1.2.2. The New Economic Policy (NEP) and Western Legal Influences 2
1.2.3. Stalin's Era and the Shift in Soviet Law ........................................3
1.2.4. The Post-Stalin Era and Khrushchev's Reforms ...........................3
1.2.5. The Collapse of the Soviet Union and the Evolution of Socialist
Law 4
1.2.6. The Ongoing Evolution of Socialist Law ......................................5

2. MAIN FEATURES ......................................................................................5

2.1. Origin of law ........................................................................................5

2.2. Form of Law in the Socialist Legal System: .......................................7

2.2.1. Constitution: ..................................................................................7
2.2.2. Statutory Law: ...............................................................................8
2.2.3. Subordinate Legislation: ...............................................................9
2.2.4. International Treaties: .................................................................10
2.2.5. Rejection of Case Law: ...............................................................10

2.3. Role of Judges in the Socialist Legal System: ...................................11

2.3.1. Application of Statutory Law: .....................................................11
2.3.2. Protecting Public and State Interests: ..........................................12
2.3.3. Supervision of Legal Proceedings: ..............................................13
 2.3.4. Issuing Legal Judgments: ............................................................13
2.3.5. Enforcement of Court Orders: .....................................................14
2.3.6. Judges and Socialist Ideology: ....................................................15

2.4. Separation of public law and private law ..........................................15

2.5. Interrelationship between substantive law and procedural law. ........19

2.5.1. Role of substantive law and procedural law................................19
2.5.2. Interrelationship of Substantive law and Procedural law: ...........21

2.6. Codification .......................................................................................22

3. INFLUENCES AND SPREADING ...........................................................25

3.1. Spreading ...........................................................................................25

3.2. Summary of Influences and Spread ...................................................26

1. Introduction and history in brief
1.1. Introduction of Socialist Legal System
Socialist law, also known as Soviet law, refers to the legal systems that
developed in countries influenced by Marxist-Leninist ideology, primarily
during the 20th century. These systems were implemented in nations that
adopted socialism, with the Soviet Union serving as the pioneering example.
Socialist law is a variant of civil law, but its distinct features reflect the
socialist state's unique political and economic goals. Unlike traditional civil
law systems, which emphasize individual rights and private property,
socialist law prioritizes the collective good, the redistribution of wealth, and
state control over key aspects of life, particularly the economy.
Socialist law aims to create a legal framework that supports the socialist
state's objectives. This includes ensuring the equitable distribution of
resources, protecting the rights of workers, and promoting social justice.
Socialist legal systems often feature strong state intervention in the economy,
with the government playing a central role in planning and regulating
economic activity.
1.2. The History of Socialist Legal System
1.2.1. The Russian Revolution and Early Soviet Law (1917)
- The history of socialist law is inextricably linked to the Russian
Revolution of 1917, which ushered in a new era of political and
economic experimentation. The Bolshevik regime, led by Vladimir
Lenin, sought to dismantle the prerevolutionary legal system, which
was rooted in capitalist principles. The new government aimed to create

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 a legal framework that would serve the interests of the working class
and promote collective ownership of property.

- Early Soviet law was characterized by a radical departure from traditional

legal principles. The regime placed itself above the law, giving the
Communist Party and its leaders extraordinary powers. The government
expropriated private property, nationalized industries, and suppressed
opposition to its policies. The legal system was designed to serve as an
instrument of political control, rather than as a protector of individual rights.
1.2.2. The New Economic Policy (NEP) and Western Legal
Influences
- Despite the initial radicalism of the Bolshevik regime, the early years
of the Soviet Union were marked by economic instability and
experimentation. To address these challenges, Vladimir Lenin
introduced the New Economic Policy (NEP) in 1921. The NEP
temporarily allowed for some private enterprise and market activity,
marking a departure from the strict central planning that had
characterized the early years of Soviet rule.

- The NEP necessitated the development of a legal framework that could

support a more market-oriented economy. The Soviet government
enacted a civil code based on Western European legal traditions, which
provided a legal basis for economic transactions and protected certain
property rights. This pragmatic approach reflected a recognition that a
purely socialist economy was not immediately feasible and that some

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 elements of a market-based system were necessary to stabilize the
economy.

1.2.3. Stalin's Era and the Shift in Soviet Law

- Joseph Stalin's consolidation of power in the 1930s marked a
significant shift in Soviet law. The regime intensified political
repression, using the legal system as a tool to silence opposition and
consolidate control. The Great Purge of the 1930s saw mass arrests,
show trials, and executions of perceived enemies of the state. The legal
system was increasingly used as a weapon of political repression, rather
than as a protector of individual rights.
Stalin also abandoned traditional Marxist ideology, emphasizing the
need for a strong state and legal system to guide the transition to
communism. Under Stalin, the Soviet state became an omnipotent
force, with the legal system serving as its instrument. The concept of
individual rights was subordinated to the interests of the state, and the
legal system was used to enforce state policies and suppress dissent.

1.2.4. The Post-Stalin Era and Khrushchev's Reforms

- The post-Stalin era witnessed some liberalization of the Soviet legal
system, with Nikita Khrushchev's reforms aimed at reducing political
repression and decentralizing economic control. However, these
reforms were short-lived, and subsequent leaders reverted to more
authoritarian policies.

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- While Khrushchev's reforms did not fundamentally alter the
authoritarian nature of the Soviet regime, they did represent a shift
away from the extreme repression that characterized Stalin's era. The
reforms included the rehabilitation of many political prisoners, the
relaxation of censorship, and the decentralization of economic decision-
making. However, these reforms were ultimately reversed, and the
Soviet legal system remained fundamentally authoritarian.

1.2.5. The Collapse of the Soviet Union and the Evolution of

Socialist Law
- The collapse of the Soviet Union in the late 1980s marked the end of
the dominant model of socialist law. While some countries, such as
China and Vietnam, retained elements of socialist ideology and legal
systems, they also embraced market reforms and economic
liberalization. This transition has led to a hybrid legal system that
combines aspects of socialist and capitalist principles.
The evolution of socialist law in the post-Soviet era has been
characterized by a tension between the desire to maintain socialist
principles and the need to adapt to the realities of a globalized market
economy. Some countries have retained social welfare programs and
state ownership of certain industries, while others have embraced more
market-oriented policies. The specific path taken by each socialist
country has been influenced by a variety of factors, including historical,
cultural, economic, and political considerations.

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 1.2.6. The Ongoing Evolution of Socialist Law
- The history of socialist law is not a static process. Socialist legal
systems continue to evolve in response to changing global conditions,
economic challenges, and domestic political developments. As
countries seek to balance economic growth with social justice and
human rights, they are experimenting with different legal frameworks
and policies.

- For example, some socialist countries have implemented market-

oriented reforms while retaining strong social welfare programs. Others
have sought to strengthen democratic institutions and promote
individual rights. The ongoing evolution of socialist law reflects the
complex and multifaceted nature of these systems and their ability to
adapt to changing circumstances.

- In conclusion, the history of socialist law is a rich and complex story

that spans several decades and encompasses a wide range of countries.
It is a story of experimentation, adaptation, and resilience, as socialist
states have sought to balance ideological commitments with the
realities of the modern world. While the concept of socialism may have
declined in popularity in recent decades, the legacy of socialist law
continues to influence legal systems around the world.

2. MAIN FEATURES
2.1. Origin of law

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 - Historical Origins: While heavily influenced by the former Soviet
Union's legal system, the socialist legal systems of Eastern European
countries, including the Soviet Union itself (now Russia), are
fundamentally rooted in the Roman-Germanic legal tradition
(continental European law). Conversely, socialist countries in Asia,
such as China, have been significantly influenced by ancient Chinese
legal systems, which were heavily shaped by Confucianism.

Influences of the Roman-Germanic Tradition:

In Europe, particularly in Eastern European socialist countries like Poland,
Hungary, and Czechoslovakia, the legal tradition that influenced socialist law
was predominantly Roman-Germanic. This is a civil law system
characterized by codified laws and a reliance on written statutes, with roots in
Roman law. Even under socialism, the legal systems of these countries
retained elements of this tradition, particularly in civil and administrative
matters. This blending of socialist and civil law allowed these nations to
maintain a structured legal system, albeit heavily controlled by the socialist
state.

Influences of Ancient Chinese Law and Confucian Thought:

In Asian socialist countries, like China and Vietnam, socialist law was
influenced by the ancient Chinese legal tradition, which had long been
shaped by Confucian philosophy. Confucianism emphasized social harmony,
respect for hierarchy, and the importance of moral order, all of which were
reflected in the legal systems. Under socialism, these Confucian principles

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were adapted to fit the socialist ideology of collective welfare and state
control. The result was a legal system that combined both traditional Chinese
legal thought and the socialist legal framework developed under Marxist-
Leninist principles.

2.2. Form of Law in the Socialist Legal System:

The form of law in socialist legal systems is rooted in the principles of

centralized governance and state control, with laws serving as tools to
implement the political and social agenda of the socialist state. Legal norms
are highly formalized and codified, providing a clear and rigid structure that
reflects the state’s priorities. The legal system relies heavily on written laws
that are systematically organized to ensure uniform application across the
entire nation. The different forms of law include:

2.2.1. Constitution:

The Constitution is the supreme legal document in a socialist legal system,

holding the highest legal authority. It defines the political system, the
organization of state power, and the fundamental rights and duties of citizens.
Socialist constitutions are often detailed, laying out the ideological
foundations of the state, including the promotion of socialist or communist
values, the leadership role of the Communist Party, and the structure of
government institutions. The Constitution outlines:

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 • National sovereignty and the authority of the people, under the
leadership of the Party.
• The distribution of power among state institutions, often
emphasizing the collective and centralized nature of governance.
• The economic and social organization, highlighting state
ownership of the means of production and the collective nature of economic
life.
• Basic rights and duties of citizens, though these are typically
framed within the context of service to the socialist state, with limitations
imposed to ensure the supremacy of state interests over individual liberties.

Constitutions in socialist states are often amended to reflect changes in the

political direction or social policies of the state, but they always maintain a
strong emphasis on state sovereignty and socialist ideology.

2.2.2. Statutory Law:

Statutory law, or codified law, is the backbone of the socialist legal system. It
includes laws passed by the legislative body (such as the National Assembly)
and is regarded as the primary source of law. In contrast to common law
systems, where case law plays a significant role, the socialist system depends
almost entirely on written legislation. Statutory law in socialist states is
highly detailed and covers all areas of life, from civil and criminal law to
economic regulations and social policy. Key aspects include:

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 • Legislation: Laws are passed by the national legislature and are
considered binding on all citizens. These laws are often extensive, covering
every aspect of life to ensure that society operates in accordance with
socialist principles.
• Regulations and Decrees: In addition to laws passed by the
legislature, the government or administrative bodies can issue regulations and
decrees to implement laws. These regulations provide the specific guidelines
needed to enforce the broad principles laid out in statutes. Government
decrees can address anything from economic planning to environmental
protection, often with a focus on achieving collective goals.

In many socialist systems, codification plays a crucial role. All laws are
written and collected into codes, which are divided into categories such as
civil law, criminal law, family law, and administrative law. This codification
ensures that all legal norms are accessible, clear, and applied uniformly.

2.2.3. Subordinate Legislation:

In socialist legal systems, subordinate legislation refers to legal norms that

are created by administrative agencies and other government bodies. These
can include:

• Decrees and Orders: Issued by government officials such as the

president or the prime minister, these are essential for implementing statutory

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laws. While they carry less authority than laws passed by the legislature, they
are legally binding and necessary for the day-to-day functioning of the state.
• Circulars and Instructions: These are used to guide the
interpretation and application of existing laws, often issued by ministries or
other governmental agencies to clarify the implementation of laws in specific
sectors, such as education, healthcare, or public safety.

Subordinate legislation is essential in socialist states because it allows the

central government to ensure that its policies are uniformly applied across
various regions and sectors of society. This hierarchical structure reinforces
the state’s control over all aspects of governance.

2.2.4. International Treaties:

In some socialist states, international treaties that do not conflict with the
Constitution or the goals of the socialist state are incorporated into the
national legal system. However, these treaties must align with national
sovereignty and the socialist framework. International agreements, especially
those that promote economic cooperation between socialist countries or that
support peace and disarmament, are often integrated into national law,
subject to strict interpretation to ensure they do not undermine the state’s
control over internal matters.

2.2.5. Rejection of Case Law:

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Unlike common law systems, where judicial precedents form a significant
source of law, the socialist legal system rejects the use of case law as a
primary source. Judges are not empowered to create law through their
rulings; instead, they are expected to apply statutory law exactly as written.
This reflects the centralized nature of lawmaking in socialist systems, where
all legal norms come from the state, and judges are seen as implementers of
these laws rather than interpreters or creators of legal rules.

2.3. Role of Judges in the Socialist Legal System:

In the socialist legal system, the role of judges is fundamentally different

from that in common law or civil law systems. Judges are seen not only as
enforcers of the law but also as guardians of the socialist state and its
principles. Their duties go beyond merely resolving disputes; they are
responsible for ensuring that the application of law aligns with the state’s
political and ideological goals.

2.3.1. Application of Statutory Law:

Judges in socialist legal systems have a limited role in interpreting laws.

Their primary responsibility is to apply the statutory law as it is written. This
means that judges must follow the letter of the law without engaging in broad
interpretation or creating new legal principles. The strict application of
codified laws ensures that judicial decisions do not deviate from the
objectives of the state.

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 • Judges are expected to ensure that laws are applied consistently
across all cases, without personal or political bias, and without creating legal
precedents.
• The role of judges is to uphold the supremacy of the state and its
laws, acting as executors of state policy rather than independent arbiters of
justice.

2.3.2. Protecting Public and State Interests:

One of the most important roles of judges in socialist legal systems is to

protect the interests of the state and the collective society. This means that the
decisions they make must reflect the priorities of the state, particularly in
cases involving public or state interests. The individual rights of citizens,
while protected to some extent, are often subordinated to the interests of the
socialist state.

• Judges are tasked with ensuring that public welfare is prioritized

over private disputes, and that all legal proceedings contribute to the broader
goals of the socialist system, such as maintaining social order, promoting
equality, and protecting state resources.
• This means that in disputes between individuals and the state,
judges are likely to side with the state, as their role is to ensure that the state’s
authority remains intact.

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 2.3.3. Supervision of Legal Proceedings:

Judges play a crucial role in supervising legal proceedings to ensure that they
are conducted in accordance with the law. This includes managing trials,
overseeing the presentation of evidence, and ensuring that both parties adhere
to procedural rules.

• In civil cases, judges may request additional evidence or

documentation to ensure that all facts are properly considered before making
a ruling.
• In criminal cases, judges have the authority to return case files to
investigators if there is insufficient evidence, ensuring that no case is
dismissed without a thorough examination of all relevant information.

Judges in socialist legal systems are also responsible for ensuring efficiency
in the legal process, with a strong emphasis on resolving disputes in a manner
that aligns with the state’s interests. This often involves taking an
inquisitorial approach, where the judge actively investigates the facts of the
case, rather than relying solely on the arguments presented by the parties.

2.3.4. Issuing Legal Judgments:

The judgment issued by a judge in a socialist legal system must strictly

adhere to statutory law. Judges do not have the authority to make decisions

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based on precedent or equity; instead, their decisions must be grounded in the
clear application of written law. The judgment process includes:

• Evaluating evidence presented by both sides in a case.

• Interpreting legal norms in a narrow sense, avoiding any
deviation from the intent of the legislature.
• Delivering rulings that uphold the law and promote socialist
principles, such as fairness, equality, and collective welfare.

Judgments often reflect the broader goals of the state, particularly in cases
involving economic disputes, social conflicts, or political issues. In these
cases, judges must balance the legal facts with the ideological framework that
guides their rulings.

2.3.5. Enforcement of Court Orders:

Once a judgment is issued, the judge is also responsible for enforcing court
orders. This can include:

• Requiring monetary compensation or other penalties in civil

cases.
• Issuing injunctions or other legal remedies to ensure compliance
with the law.

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 • In cases where a party refuses to comply with a court order, the
judge can impose additional penalties or sanctions to ensure that the court’s
ruling is upheld.

The enforcement of legal decisions in a socialist system is closely tied to the

state’s authority. Judges have the power to compel individuals or
organizations to comply with the law, but always within the framework of
state control.

2.3.6. Judges and Socialist Ideology:

Judges in socialist legal systems are not merely legal professionals but are
seen as defenders of the socialist state and its ideology. Their role is to ensure
that the legal system supports the political goals of the state, which may
include:

• Promoting social equality and protecting the interests of workers

and the collective.
• Ensuring that the state’s economic and social policies are
supported by the legal system.
• Acting as a check against any actions that may undermine the
authority or stability of the socialist government.
2.4. Separation of public law and private law
The issue of dividing law into public law and private law:

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 Similar to the Anglo-American legal system, there is no division of
law into public law and private law, the separation of powers mechanism has
not been focused on. Therefore, these countries established a single court
system:
The court system in socialist countries, although not organized according to
the principle of separation of powers, still inherits the most reasonable core in
the organization of the bourgeois court system. That is, the court agency is
separated from the administrative agency to become an independent branch.
The court conducts trials publicly, independently and only obeys the
law, other state agencies are not allowed to interfere in the trial activities of
the court agency. The courts implement a two-level trial system.
Before the court, all citizens of the host state, foreign citizens and
stateless people are equal, have the right to defend themselves and hire
lawyers to defend themselves. The investigation, prosecution and trial
agencies are separate. All individuals (citizens of the host state, foreign
citizens and stateless people) of different ethnicities have the right to use their
own language and writing before the court.
The common feature of the court system in the socialist countries
before the reform period was the system of judges and people's assessors
established by election. The court system in the Soviet Union had four levels:
district and county people's courts; provincial and centrally-run city people's
courts; the supreme people's court of the republic; the supreme court of the
federation. District and county people's court judges were directly elected by
the people, and higher-level court judges were elected by the Soviets
(representative bodies of the people at all levels). In the first-instance court

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sessions, there was usually 1 judge and 2 people's assessors. The appellate
court sessions always had 3 judges and without people's assessors, the
Supreme People's Court's sessions usually have 5 judges. All judges have a
term of 5 years and can be dismissed by voters before the term ends. Before
the reform period, judges in socialist countries did not necessarily have to be
lawyers. In Russia, the principle of electing judges was established in 1903
under the Tsarist regime.
In Eastern European socialist countries (which appeared and existed from
after World War II until 1991) and Asian socialist countries (in Vietnam
before 2014), the court system usually has only three levels: district and
county people's courts, provincial and centrally-run city people's courts, and
the Supreme People's Court. Another important feature of the socialist court
system is collective trials. Any trial in the court system of socialist countries
must be tried by a group of judges or judges and people's assessors.
During the period of renovation, the court system of socialist countries
has undergone certain changes. In China, the Law of May 28, 1995 stipulated
the establishment of a team of professional judges. Professional judges
cannot be transferred or dismissed if they do not violate the law or for health
reasons. In Vietnam, with the 1992 Constitution, the elected judge system
was replaced by the appointed judge system with a term of 5 years and no
limit on the number of terms of reappointment
With the 2013 Constitution and the 2014 Law on Organization of the
People's Court, a new judicial reform has been implemented. For the first
time in the Constitution and the Law on Organization of the People's Court,
the task of the People's Court is defined as protecting justice, protecting

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human rights, and civil rights in addition to protect the socialist regime,
protect the interests of the State, the legitimate rights and interests of
organizations and individuals (Article 2 of the Law on Organization of
People's Courts 2014).
With the 2013 Constitution and the 2014 Law on Organization of
People's Courts, from the second reappointment, the term of judges is
extended to 10 years and there is no limit on the number of reappointment
terms. The principles of organization and operation of the court have been
supplemented and improved in the direction of respecting and protecting
human and citizen rights:
The People's Court is organized independently according to the jurisdiction
of the trial; The People's Court tries cases promptly within the time limit
prescribed by law, ensuring fairness; The principle of litigation in trials is
guaranteed; The right to defense of the accused is guaranteed; Judges and
jurors adjudicate independently and only obey the law. Agencies,
organizations and individuals are strictly prohibited from interfering in the
adjudication of judges and jurors in any form.
In the court system in Vietnam, according to the Law on the
Organization of Courts 2014, an additional court level has been established:
the High Court, which is the superior level of the Provincial People's Court
and the direct subordinate level of the Supreme People's Court. The High
People's Court has the duty and authority to appeal cases in which the first-
instance judgment or decision of the Provincial People's Court or centrally-
run city within its territorial jurisdiction has not yet taken legal effect and is
appealed or protested in accordance with the provisions of procedural law. At

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the same time, the High People's Court also has the authority to review and
re-examine judgments and decisions that have come into legal effect of the
People's Courts of provinces and centrally-run cities, the People's Courts of
districts, towns, provincial cities and equivalents within the territorial
jurisdiction that are protested or appealed.

2.5. Interrelationship between substantive law and procedural

law.
Similar to the continental European system and emphasizing in
particular that only substantive law is the means to express and recognize the
interests of the working class and the entire working people. Procedural law
is only the means to ensure the enforcement of substantive law.
2.5.1. Role of substantive law and procedural law
- Substantive law:
In a socialist legal system, substantive law plays a crucial role in
defining the rights and duties of individuals and organizations within the
framework of socialist principles. Here are some key aspects: State
Ownership and Control: Substantive law often emphasizes state ownership of
property and resources. This means that laws define the state's rights over
most property and resources, limiting private ownership .

Socialist Ideology: Substantive laws are designed to reflect and

promote socialist values, such as collective ownership, equality, and social
welfare. These laws aim to ensure that the legal system supports the goals of
the socialist state .

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 Economic Regulations: Substantive law includes regulations on
economic activities, ensuring that they align with socialist economic policies.
This can include laws on labor rights, trade, and industry regulations.

Criminal Law: Substantive criminal law defines what constitutes a

crime and prescribes punishments, often focusing on offenses that threaten
state security and social order .

Public Order and Morality: Substantive laws in a socialist system often

include provisions to maintain public order and maintain moral standards as
defined by the state.

In essence, substantive law in a socialist legal system is designed to

uphold and enforce the principles of socialism, ensuring that the legal
framework supports the state's objectives and the collective good.
- Procedural law:
State Control and Uniformity: Procedural law ensures that legal processes
are consistent and centralized, reflecting the principles of state control and
uniformity. This helps maintain order and predictability in the legal system.

Enforcement of State Policies: Procedural laws are designed to enforce the

policies and goals of the socialist state. This includes regulations on how
trials are conducted, how evidence is handled, and how legal decisions are
implemented, ensuring that they support the state's objectives.

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 Protection of Socialist Ideals: Procedural laws safeguard the ideals of the
socialist system by ensuring that legal processes do not undermine collective
ownership, equality, and social welfare. This can involve strict procedures for
dealing with crimes against the state or economic regulations.

Access to Justice: Procedural law also aims to ensure that citizens have
access to justice, but within the framework of the socialist ideology. This
includes providing mechanisms for resolving disputes and protecting
individual rights, as long as they align with state interests.

Efficiency and Order: Procedural laws in a socialist system are designed to

ensure efficiency and order in legal proceedings. This helps to avoid delays
and ensures that cases are resolved promptly, maintaining the stability of the
legal system.

By structuring the legal processes, procedural law in a socialist system

plays a critical role in upholding the state's control, enforcing its policies, and
maintaining the principles of socialism.

2.5.2. Interrelationship of Substantive law and Procedural law:

Substantive law and procedural law are the two main categories within
the law. One without the other is useless. Both are essential for delivery of
justice.

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 Procedural law is an adjunct or an accessory to substantive law and
renders the enforcement of substantive rights very effective.
Both, substantive law and procedural law, are codified in the form of rules.
While the substantive law refers to the body of rules that stipulate the rights
and obligations of individuals and collective bodies, the procedural law is
also the body of rules, but governing the process of determining the stipulated
rights and liabilities of the parties in the given facts and circumstances.
Substantive laws and procedural laws exist in both civil and criminal
laws. But, in criminal law, if the procedural law is used to prevent
commission of offences then it assumes the character of substantive law as
well.
We can conclude that the substantive law defines the rights and duties, while
procedural law provides the machinery or mechanism for enforcing the rights
and duties. However, the clear differentiation between substantive law and
procedural law is that the latter sub-serves the former. Even though both
these laws are affected by Supreme Court opinions and are subject to
constitutional interpretations, each serves a different function in the civil and
criminal justice system. A legal action is started by taking out a writ in civil
case, by a summon or an arrest in a Criminal case, and ends by the trail and
judgment in the court itself, followed by the execution of the judgment.

2.6. Codification

The codification of the socialist legal system was a hallmark of legal

development in socialist states, reflecting the need to institutionalize Marxist-

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Leninist principles in law. Codification in this context meant systematizing
laws to align with the goals of a planned economy, centralized governance,
and social ownership of property.

One significant example of codification in socialist legal systems is

found in the Soviet Union, where legal reforms from the 1920s through the
1960s sought to centralize state control and create uniformity in law. These
legal codes covered civil, criminal, and labor law, ensuring that every aspect
of society adhered to socialist ideals. The Civil Code of 1964 in the Soviet
Union, for instance, was a comprehensive document governing property
relations and economic activity, which reinforced state ownership and
regulated labor under a planned economy.

In Eastern Europe, similar codification efforts were made in countries

like Hungary, where the 1949 Constitution institutionalized socialist legality
and introduced a series of legal codes that emphasized state power and
collective ownership. The codification was driven by the need to replace pre-
existing bourgeois laws with those reflecting the socialist state's values and
the supremacy of the ruling party.

China followed a similar path in the post-revolution period, particularly

in the late 1950s and 1960s, when the state codified socialist principles into
legal frameworks. The 1982 Constitution, though coming after significant
political shifts, still reflects key elements of socialist legal codification,
particularly regarding collective ownership and the leadership of the
Communist Party. These laws govern not only property and economic

23
matters but also social life, maintaining the role of law as an instrument of the
party's authority

The process of codification in socialist legal systems was essential for

unifying legal systems under state control and ensuring laws supported the
broader political and economic goals of socialism.

The socialist legal system has influenced the development of law in

several countries, particularly during the 20th century. This system emerged
primarily in Soviet Russia after the 1917 Revolution and spread to other
countries under communist regimes, including Eastern Europe, China, Cuba,
and Vietnam. Its influence was significant in shaping legal practices and state
structures in these regions.

One of the core aspects of the socialist legal system is the concept of
socialist legality, which means that the law is a tool used by the ruling party,
typically a communist party, to ensure the dominance of socialist ideology.
The law, therefore, serves not just to resolve disputes or maintain order, but
to reinforce state power and ensure that all state actions align with party
objectives. Judges, under this system, are not seen as independent arbiters but
are often subject to party influence, ensuring that legal decisions align with
political goals. For instance, in Hungary, while judicial independence was
claimed, in practice, the courts were frequently used to enforce the party’s
will, particularly during the early years of socialism.

In terms of global impact, socialist legal principles influenced not only

the countries where they were implemented but also shaped legal and

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political discussions internationally, especially during the Cold War.
However, as the Soviet Union collapsed and many Eastern European
countries transitioned to democracy, the influence of socialist law has waned
significantly.

While the system still survives in some countries like China and Cuba,
it has adapted to new political and economic contexts, blending elements of
socialist law with reforms inspired by other legal traditions.

3. INFLUENCES AND SPREADING

3.1. Spreading

The spread of the socialist legal system began with the Russian
Revolution in 1917, leading to the formation of the Soviet Union. The Soviet
legal model, based on Marxist-Leninist principles, heavily influenced the
development of law in countries under communist regimes, particularly after
World War II. Socialist legal systems were introduced in Eastern Europe,
China, Vietnam, North Korea, and Cuba, among others, as these countries
aligned themselves politically and ideologically with the Soviet Union.

In Eastern Europe, countries like Poland, Czechoslovakia, Hungary,

and East Germany adopted socialist legal frameworks after falling under
Soviet influence during and after World War II. These legal systems
emphasized the central role of the state, collectivization, and nationalization
of property, reflecting the political dominance of the communist parties in
these regions. Judicial systems were also structured to follow the principles

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of socialist legality, meaning courts were tools to serve the party’s will rather
than independent entities.

In Asia, the spread of socialism following the Chinese Revolution of

1949 led to the establishment of socialist legal systems in China, Vietnam,
Laos, and North Korea. These systems were modeled after the Soviet
approach, with a focus on state control over economic and legal affairs.
Similarly, in Cuba, after the 1959 revolution, Fidel Castro implemented a
socialist legal system based on nationalization and centralized control, further
extending the reach of socialist law to Latin America

However, the global spread of socialism began to reverse with the

collapse of the Soviet Union in 1991. Eastern European countries transitioned
to democratic systems, abandoning socialist legal frameworks. While
countries like China and

Vietnam have retained socialist legal structures, they have also

introduced significant reforms to integrate market-oriented policies

3.2. Summary of Influences and Spread

Global influence: The socialist legal system had a profound influence

on legal development in the Soviet Union, Eastern Europe, Asia, Africa, and
Latin America throughout much of the 20th century. It shaped legal
institutions, property laws, economic regulations, and governance structures
in countries that adopted socialist ideologies.

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 Adaptation and transformation: While the spread of socialist legal
systems has slowed since the fall of the Soviet Union, remaining socialist
states like China and Vietnam have adapted their legal frameworks to meet
modern economic realities. These of socialism while incorporating legal
reforms that facilitate market activities and foreign investment countries
maintain the core principles.

Legal Instrumentalism: The law is used as a tool to achieve social and

economic goals set by the state. This means that laws are designed to serve
the interests of the state and the collective rather than individual rights.
Party Vanguardism: The ruling party plays a central role in the legal
system, guiding and shaping legal policies to align with the party's ideology
and objectives.
Democratic Centralism: Decision-making is centralized, with
decisions made by the central authority and then implemented uniformly
across the state. This ensures consistency and control in the legal system.
Statist Rights: Individual rights are often subordinated to the interests
of the state. The focus is on collective rights and the common good, with
individual rights being limited or defined within the context of state
objectives.
Statist Economy: The economy is controlled by the state, with laws
regulating economic activities to ensure they align with socialist principles.
This includes state ownership of property and resources, and regulations on
labor and trade.

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 Countries like China, Vietnam, North Korea, Cuba, and former Soviet
republics have been influenced by these principles, resulting in legal systems
that prioritize state control, collective ownership, and the promotion of
socialist values

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 BIBLIOGRAPHY
1.Comparative Law in a Changing World/ Peter de Cruz (2nd ed).(1999).
2. Ha Noi University of Law (2017), Comparative Law Textbook, Cong an
Nhan Dan Hanoi Publishing House.
3.Ministry of Education and Training, Ho Chi Minh City University of Law,
International Law Faculty - Subject: Comparative Law.
4.Bogdan, Michael. (2017). Comparative Law. London: Cavendish
Publishing.
5.Glendon, Mary Ann, Gordon, Michael W., & Carozza, Paolo G. (2018).
Comparative Legal Traditions. West Academic Publishing.
6.David, René. (2020). Major Legal Systems in the Contemporary World.
7. https://egyankosh.ac.in/bitstream/123456789/9895/1/Unit-2.pdf
8. https://www.britannica.com/topic/Soviet-law/Property

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