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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