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 **
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 pro.tection 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 inthis 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. unif. 2002-4                                                   1047

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