Chapter 1

GENERAL MATTERS OF THE

STATE

Lien Dang Phuoc Hai, LLM

Faculty of Law, University of Economics and Law
 CHƯƠNG 1. NHỮNG VẤN ĐỀ CƠ BẢN
CCHAPTER 1. GENERAL MATTERS OF THE
STATE
1.1. Theories of the state origin

1.2. Characteristics of a state

1.3. Nature of the state

1.4. Functions of the state

1.5. Forms of the state

1.6. The Relationship between the state and others social

phenomena
 1.1. ORIGIN OF THE STATE. NGUỒN GỐC
NHÀ NƯỚC
Typical theories of state origin

▪ Non-Marxist theories of state origin

▪ Marxist theories of state origin

 Non-Marxist theories of state origin

 Divine right theory

 Evolutionary theory

 Social contract theory

 Evolutionary Theory
 Holds that government grew out of the
authority held by the head of family.

 The elders of the tribes and clans were

sought out for their wisdom and
leadership.

 Eventually these relationship evolved

 Force Theory
 The government emerged when all
of the people in an area were
brought under control of one
individual or group

 This theory is based on the well-

accepted maxim of survival of the
fittest.
 Divine right theory
 Belief that God and other deities
have chosen certain people to rule
over others by Devine right

 The basic idea of the theory is that

the state is the product of divine
creation, and government – the
continuation of the power of God on
earth.
 Divine right theory
 Disobedience to the state is
regarded as disobedience to God.

 All social relations, including

stratification, are divine plan, change
their unacceptable
 Social contract theory
 Emerged to challenged the idea of
Devine Right monarchy.

 Englishman Thomas Hobbes first

developed the theory of social contract

 The theory holds that the people to the

State the power to keep order in society.

 In return, the government must protect

the people.
 Social contract theory
 Englishman John Locke took
this idea a step further and said
that when the government
failed to preserve the rights of
the people, they had a right to
break the contract and create a
new government.
 Marxist theories of state origin

 The State is not a creation for the interest of all,

but it originated in conflict situation and
operates as a form of instrument of domination.
 Process of foundation and development of a state

 Primitive community

• Matriarchy

• Patriarchy

 Appearing a state

Primitive society → private ownership → the gap

between rich and poor (classes divided) → conflict
between classes → unresolved → State appeared.
Process of foundation and development of a state

 Slavery Possession

 Feudalism ( Oriental despotism)

 Capitalism

 Communism
 Depending on the type of the base stand it should following types of states:

▪ Slave state is an instrument of maintaining the power of slave owners of the

slaves

▪ The feudal state – it means the dictatorship of the feudal class – large land
owners who exploited labor is economically dependent peasants;

▪ The bourgeois state – a tool of maintaining power of the bourgeoisie over the
working class, who, with personal freedom, forced to sell their labor power to
the capitalist;
▪ The socialist state – based on public ownership of the means of production
and is expressed in its policy interests of the general population.

=> Thus, under the formational typology, type of state is characterized primarily
by its economic base and social nature (shows what social class exercises
leadership of society).
Process of foundation and development of a state

According to Marxism - Leninism, there are 5 socio-economic

patterns:
1) Socio-economic morphology of primitive commune
2) Socio-economic morphology of slavery possession
3) Feudal socio-economic Morphology
4) Capitalist socio-economic Morphology
5) Socio-economic communism Morphology.
 Concept of state

•  The state is a political organization which has special

public power. it is founded and existed by requirements
of classes conflict settlement and public services.
- A political organization

- Special public power

 SOVEREIGNTY

PEOPLE AND TERRITORY

MANAGEMENT

SPECIAL PUBLIC
POWER

LAW
1.2. Characteristics of a state

TAX
 1.3. Nature of the state

The nature of the state is internal relations and rules

that play a decisive role in the state’s basic
development.
1.3. Nature of the state (cont)

NATURE
Class nature
Social nature
1.4. Fuctions of the state

INTERNAL
AFFAIR

FUCTIONS

EXTERNAL
AFFAIR
1.5. The relationship between the state and
others social phenomena

State and
society
State and
economy

State and law

 1.6. Forms of state

FORMS OF STATE

FORRM OF STATE-TERRITORIAL POLITICAL

FORM OF GOVERNMENT STRUCTURE REGIMES
 1.6. Forms of state (cont)

The form of government

▪ a form element of the state, which characterizes the features of

the organization and functioning of state power bodies. The form
of all the states are divided into the monarchy and republic

▪ By the supreme bodies of state power include primarily the head

of state (monarch or president), the legislature (parliament) and
the highest executive authority (government).
 1.6. Forms of state (cont)

The form of government

▪ Monarchy – a form of government in which the bulk of state-

powers concentrated in the hands of the sole head of state (the
monarch).

▪ The essential attributes of monarchical forms of government are:

sole, heredity, unlimited power of the head of state, as well as its
independence from the will of the citizens.

▪ Three main types: absolute, dualistic and parliamentary

 1.6. Forms of state (cont)

The form of government

▪ Republic (from the Latin res public – state, public affair) is a form
of government in which the head of state (president) is elected
and replaceable, and its power-races seen as a derivative of the
power of the people or the representative body (Parliament).

▪ Signs of the republic are: eligibility, urgency powers, and turnover,

controlled by the head of state voters. There are three forms of
republic: presidential, parliamentary and mixed.
 1.6. Forms of state (cont)

Presidential republic

TYPES OF REGIME
. Parliamentary
republic

MONARCHY
REPUBLIC Semi-presidential
republic
Capitalism
republic
Absolute Constitutional Roman Democratic
monarchy monarchy republic republic
People’s
republic
 1.6. Forms of state (cont)

Form of state-territorial structure

▪ This concept explains how organized territory of the state, what

parts it consists, on what principles built relations center and the
regions. The shape of the state-territorial structure of the state of
the modern world can be divided into unitary and federal.
 1.6. Forms of state (cont)
Form of state-territorial structure

▪ A unitary state (from the Latin the unus – one only) – a single,
fused state, all or most of whose territory is divided into
administrative territorial units (UK, Italy, Spain, France, Denmark,
Sweden, Thailand, Poland, Hungary and others.). Such a state is
characterized by unity territory, citizenship, government agencies,
laws, currency, state budget, taxation and state symbols (flag,
emblem, anthem, state awards)

▪ Federation (from the Latin federate – Union, association) – a union

of state-territorial organization consisting of several states or state
entities, based on the principles of integrity of state power and its
horizontal division between the Federation and its subjects
 1.6. Forms of state

FORM OF STATE-
TERRITORIAL STRUCTURE

UNITARY STATE FEDERAL STATE

 1.6. Forms of state (cont)
Political regimes

▪ An element of the form of the state, reflecting the system of means

and methods of the state power.

▪ Depending on the specifics of such a regime is isolated state

democratic, liberal, authoritarian, and totalitarian and others.
 1.6. Forms of state (cont)

POLITICAL
REGIMES

Democratic Political Non democratic

Regimes Political Regimes