of society to a condition of self-imposed moral rectitude in which behavior is defined in terms of collective, rather than individual, good. In contrast to the West, where law is the guarantee of rights that all may claim, in Vietnam the law concerns duties that all must fulfill. Vietnamese law seeks to give the prisoner the right to reformation. In theory, at least, there are very few incorrigibles. It also permits a relativist approach in fixing sentences, much more so than do the precedent-based systems of the West. Mitigating circumstances, such as whether the accused acted out of passion or premeditation, loom large as a factor in sentencing. Murder by stabbing is treated more leniently than murder by poison, for example, because the latter is perceived to require a greater degree of premeditation than the former. The personal circumstances of the accused are also a factor in determining punishment. In the administration of criminal justice in Vietnam, an effort is made to understand the criminal, his crime, and his reasons; and the notion of permanent or extended incarceration is rejected in favor of an effort to determine whether or not and, if so, how the criminal can be rehabilitated and restored to society. Political crimes are treated less liberally, however. In such cases, the administration of justice can be arbitrary and harsh. Politics clearly plays a role in the arrest, trial, and sentencing procedures. The rationale for this policy, which is openly acknowledged, is that the revolution must be protected and that the individual may be sacrificed, perhaps even unjustly, for the common cause. The courts also take a more jaundiced view of the rehabilitation of political prisoners than of common criminals. The court system was reorganized in 1981 into four basic levels: the Supreme People's Court; the provincial municipal courts reporting to Hanoi; the local courts, chiefly at the district precinct levels, reporting respect...
