SlideShare verwendet Cookies, um die Funktionalität und Leistungsfähigkeit der Webseite zu verbessern und Ihnen relevante Werbung bereitzustellen. Wenn Sie diese Webseite weiter besuchen, erklären Sie sich mit der Verwendung von Cookies auf dieser Seite einverstanden. Lesen Sie bitte unsere Nutzervereinbarung und die Datenschutzrichtlinie.
SlideShare verwendet Cookies, um die Funktionalität und Leistungsfähigkeit der Webseite zu verbessern und Ihnen relevante Werbung bereitzustellen. Wenn Sie diese Webseite weiter besuchen, erklären Sie sich mit der Verwendung von Cookies auf dieser Seite einverstanden. Lesen Sie bitte unsere unsere Datenschutzrichtlinie und die Nutzervereinbarung.
Funan (1st to 6th century)Funan was strongly influenced by India in term of: Religion Politics Economic system LawsLaw was mainly based on religion and norm.
Judicial system: o Civil servants accepted the lawsuit from citizens o King acted as a judge o Prison did not exist. o There were two types of punishment. Less serious Serious The practice of Devaraja
Chenla (6th to 9th century)Political system remained the same since Funan era. King held absolute power. Civil servants had the authority to monitor and punished those who were against the state. Devaraja was still practiced.
Angkor (9th to 15th century) India was still strongly influential in Angkor era. Manu law: dealt with the relation between individual and individual and was used to solve conflict between them. Royal command: King had to consult with the Brahmans in decision making process.
Legislation power was on the king. HOWEVER, he could not make law that contradict with norm and tradition of the society. Judiciary branch was under control of the king. o Two kind of punishment (serious and less serious)
Post-Angkor Colonial period Kingdom of Cambodia & Khmer RepublicB. Modern period Democratic of Kampuchea People’s Republic of Kampuchea Kingdom of Cambodia
Post-Angkor (15th century to 1863) Cambodian laws existed even before the arrival of French colony, BUT they were different from laws in modern time. Stone inscriptions showed that people, at that time, must obey all the rules and policies; otherwise, they would be punished.
Cambodian law system has changed very much after the Angkor period. Cambodian laws had first been made in 1620 by king Chey Jadtha (1618-1624). This plan was canceled because of Siam invasion, but a year later after the King’s death, 24 laws were adopted.
Since 1853, King Ang Doung decided to review all the laws until his death in 1860. Those laws were mainly made based on Buddhism, and the punishments seemed to be less serious. When the process had been finished, those laws were disseminated to the public by the French colony.
Colonial period (1863-1953) Among 52 laws, 39 were spread out by France in King Norodom’s time in 1881. Many premises showed that those laws were not involved with ordinary people but for elite group. Those laws were more like the collection of king’s decisions that were prepared and corrected by King, royal official…etc.
Since 1911, France begun to introduce modern laws into Kingdom of Cambodia. The First two laws coming into force in 1912 were: o Criminal code o Code of criminal procedure & court organization, This marked the adoption of C i v i l L a w s y s t e m in Cambodia.
In 1920, new law was adopted regarding civil matters. It contained 1365 articles.
Kingdom of Cambodia and Khmer republic (1954 -1975) Further development of Cambodia law was active after the independence. From 1947 to 1956, several laws were adopted. Civil law Business law Criminal law
The discussion of law among law people were published on the news for ordinary people to catch up. Numbers of thesis was written and defended by Cambodia lawyers, and to fulfill in researching of law, many expert magazines of law were published. Khmer republic regime and civil war in Cambodia were the period that ended the Cambodian law development.
Democratic of Kampuchea (1975-1979) Laws and various institutions in the previous time were abolished. The new constitution was promulgated in 1976. Legislation branch: The people’s representatives assembly Executive branch: Government hold absolute power
Judicial branch: The people’s count Two kinds of punishment: 1. Serious punishment for any acts against and threaten the state and Cambodian citizens 2. Less serious punishment for other actsIn reality, people had no power, only the state.
People’s Republic of Kampuchea (1979-1989) The new constitution was based on socialism. The national assembly: Amend the constitution Oversee the government People supreme court is the highest court.
Some of private laws were eliminated. Ex: law on private ownership for commercial activities Laws were used as a mean toward socialist state. Why did Cambodia favor socialist? Vietnam influence Development purpose
Kingdom of Cambodia (1993-present) The constitution of kingdom of Cambodia was promulgated in 1993. It has been amended for 6 times. Some laws made in previous time were still in effect. UNTAC laws PRK laws/SOC Laws
There are three levels of court: Supreme court Appeal court First instance court
Many new laws appear: Corruption law NGO law (not yet adopted) Monogamy law …etc.
Constitutional council of Cambodia. (n.d.). Retrieved on February 20, 2013, from http://www.ccc.gov.kh/english/history.phpHistorical development of Cambodia. (n.d.). Retrieved on February 20, 2013, from http://leapheanghour.wordpress.com/history-of-cambodian- constitution/RULE ដដ ដដ-ដដដដដ ដដដ ដដដ ដដដដដដដដដដដដដ ដដ ដដ ដដ ដដ ដ ដដដ ដដដដ ដដដដដដដដដដដដ ដដដដដ ដដដដ ដដដដដដដដដដដ ដដដដដដដដដដដដដដ ដដដដដដដដដដដ ដដដដដដដដដដដដដដដដដ ដដដដដ ដដដ ដ ដដដ ដដដដដដដដដដដដដដដដដដដដដដដដ ដដដដដដដដដដដដដដដដដដដដដដដ -Rendall, M. (1999). The constitution and government of Cambodia.