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7 Unif. L. Rev. n.s. 1047 (2002)
Drafting a New Civil Code and Code of Civil Procedure in Cambodia with Japanese Technical Assistance

handle is hein.journals/droit2002 and id is 1059 raw text is: Drafting a New Civil Code and Code of Civil Procedure in Cambodia with Japanese Technical Assistance MONG Monichariya * - TANAKA Kazuko ** 1. - HISTORICAL BACKGROUND From the emergence of Democratic Kampuchea in 1975, and during the regime of the People's Republic of Kampuchea, Cambodia experienced two decades of civil war in which many institutions, structures and legal documentary sources were destroyed and many people, particularly highly educated people such as judges, prosecutors and lawyers, lost.their lives, especially under the Khmer rouge regime. Backed by the United Nations, a new Government was subsequently elected by the Cambodian people based on democracy, a multiparty system and a constitutional monarchy. When the new Royal Government was established in 1993, Cambodian society was without those basic institutions and structures normally associated with the protection of fundamental human rights and the functioning of a free market economy; that is to say, it had no independent judiciary, no legal professionals, no effective, non- political civil service, no free press, and so on. While the Constitutional framework set the stage for reconstruction, the Government took the view that the successful implementation and enforcement of constitutional safeguards and provisions related to individual rights and freedoms and the protection .of private property depended on its ability to rebuild and strengthen many of the basic institutions of Government and the emerging'civil society. A properly administered and fully operational law and justice system, it.was felt, was necessary not only for the proper resolution of individual disputes, but also in order to uphold the rule of law and to revitalise the economy. In 1996, the Royal Government of Cambodia announced The First Social and Economic Development Plan 1996-2000, in which legal and judicial reform was listed among the urgent tasks to be performed. The Cambodian Government has received assistance and support in, bringing about this legal and judicial reform from countries such as France (mainly in drafting the Criminal Code and the Code of Criminal Judge at the Supreme Court, Kingdom of Cambodia;. Member of the Study Group set up by the Cambodian Ministry of Justice with a view to the preparation of the Civil Code and Code of Civil Procedure of Cambodia. Judge Monichariya was responsible in particular for the section on the Civil Code reproduced in this article. Lecturer (Government Attorney), International Co-operation Department, Research* and Training Institute of the Ministry of Justice, Japan. Views and.opinions expressed in-this article are solely her own. Ms Tanaka was responsible as Secretary for the preparation of the Code of Civil Procedure reproduced in this article . . - - - Rev. dr. unit. 2002-4 1047

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