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Introduction to
Law
Evolution of Cambodian Lawfrom ancient to modern time
Table of Contents
I. Introduction
II. Evolution of Cambodian law
A. Ancient period
B. Modern period
III. Conclusion
IV. References
I. Introduction
Law plays very important role in
Cambodian society.
Without law, the society would be:
o chaotic,
o undeveloped,
o Difficult to live in.
II. Evolution of Cambodian Law
A. Ancient
periodFunan
Chenla
Angkor
Funan(1st to 6th century)
Funan was strongly influenced by India in term of:
Religion
Politics
Economic system
Laws
Law was mainly based on religion and norm.
II. Evolution of Cambodian Law
(Cont.)
Judicial system:o Civil servants accepted the lawsuit from
citizenso King acted as a judge
o Prison did not exist.o There were two types of punishment.
Less seriousSerious
The practice of Devaraja
II. Evolution of Cambodian Law
(Cont.)
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.
II. Evolution of Cambodian Law
(Cont.)
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.
II. Evolution of Cambodian Law
(Cont.)
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)
II. Evolution of Cambodian Law
(Cont.)
B. Modern
period
II. Evolution of Cambodian Law
(Cont.)Post-Angkor
Colonial period
Kingdom of Cambodia & Khmer Republic
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.
II. Evolution of Cambodian Law (Cont.)
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.
II. Evolution of Cambodian Law (Cont.)
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.
II. Evolution of Cambodian Law (Cont.)
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.
II. Evolution of Cambodian Law (Cont.)
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 Civi l Law system in Cambodia.
II. Evolution of Cambodian Law (Cont.)
In 1920, new law was adopted regarding civil matters.
It contained 1365 articles.
II. Evolution of Cambodian Law (Cont.)
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
II. Evolution of Cambodian Law (Cont.)
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.
II. Evolution of Cambodian Law (Cont.)
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
II. Evolution of Cambodian Law
(Cont.)
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 acts
II. Evolution of Cambodian Law
(Cont.)
In 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.
II. Evolution of Cambodian Law
(Cont.)
Some of private laws were eliminated.
Ex: law on private ownership for commercial
activities
Laws were used as a mean toward socialist state.
II. Evolution of Cambodian Law
(Cont.)
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
II. Evolution of Cambodian Law
(Cont.)
There are three levels of court:
II. Evolution of Cambodian Law
(Cont.)
Supreme court
Appeal court
First instance court
Many new laws appear:
Corruption law
NGO law (not yet adopted)
Monogamy law …etc.
II. Evolution of Cambodian Law
(Cont.)
Conclusion
ReferencesConstitutional council of Cambodia. (n.d.). Retrieved on February 20, 2013, from http://www.ccc.gov.kh/english/history.php
Historical development of Cambodia. (n.d.). Retrieved on February 20, 2013, from http://leapheanghour.wordpress.com/history-of-cambodian-
constitution/
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Rendall, M. (1999). The constitution and government of Cambodia.
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