PHÁP LUẬT ĐẠI CƯƠNG

INTRODUCTION OF STATE

State is

- Organization of power and politics of society

- Non-government Organization (NGO)

Each country has a state

- Therefore, in some situations, state and country are replaceable terms

- Exception: federal terms
+ United States of America (50 states)
+ Federal Republic of Germany (16 states)

Where the state come from?

- Non-Marxism theories
+ Divine theory: The God
+ Patriarchal theory: Enlargement from family under authority of parents
+ Social contract theory: People organize government with common interests
+ Force theory: Result of constant wars and invasions
- Marxism theory:
+ Private property is potential cause of the rise of the state

Pre-state developments

- Primitive communism
+ It is the gift economies of hunter-gatherers throughout history, where resources and property
hunted and gathered are shared with all members of a group, in accordance with individual
needs
+ It is pre-state society
- Motivation for further development
+ Separation of animal husbandry from agriculture cultivation
+ Separation of handicraft from agriculture
+ Development of trade and formation of commerce
Nature and characteristics of State

- Nature of State
+ Class nature of state: Power in a state is vested to the ruling class in society
+ Social role of state: State should serve the society it originated from
- Characteristics of State
+ It has political power (public power)
+ It has territory which is divided into administrative units:
-Exception: airplanes, sea ships
-Nationality is part of this notion
+ It has national sovereignty: Exception: restrictive state immunity
+ It has power to make and implement law
+ It has power to impose taxes

Functions of State

- Definition
+ Basis means and operations of the state to exercise its tasks
- Key functions
+ Internal (national) affairs (governance): Manage relationship within society
+ External (international) affairs (relationship): Create, maintain, develop relationship with other
states
- In order to exercise its functions, the state has to have state apparatus

State apparatus

- Definition
+ System of organs pf the state, form certain to local levels, organized and operated based on
general principles with the view to make the state to function
+ All the state organs are inter-related, because they are in the same system
- Each type of state has its corresponding model of state apparatus

Types of State

- Slavery state
+ Masters v Slaves
+ State mechanism was simple – Head by king
- Feudal state
+ Feudal landlord v Peasants
+ State mechanism better organized, includes – King + Mandarins

- Capitalist state
+ Bourgeoisie (Capitalists) v Working class
+ Turning point: Separation of powers theory (legislation, execution, judicial)
- Socialist state
- + Under leadership of the communist party
+ Unified state power belonging to the people