Legal System and Legal Institution in Myanmar
Autor: Chrysanthemum Linn • April 7, 2016 • Study Guide • 853 Words (4 Pages) • 1,186 Views
Legal System and Legal Institution in Myanmar
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Legal System and Legal Institution in Myanmar
Legal System in Myanmar
Legal System in Myanmar has developed over many centuries under the rules of Kings, British colonial system, Democratic system, Socialist System, the rule under SLORC and SPDC as well as the rule under current government.
Current Legal system in Myanmar is derived from British Common Law system but it is not an exact replica of British Common Law. The uniqueness of Myanmar Legal System is that some of Myanmar customs are included in Myanmar Legal System. Besides, it used some written law as in Civil Law System. The written law can be found in Burma Code volume 1 to 13. It also used Constitutional Tribunal to decide the constitutional matters as in civil law system.
Myanmar Parliament is the bicameral system where both divisional parliament and Union Parliament has authority for respective legislation. As per nationwide ceasefire and peace agreement process with ethnic armed forces, the state or divisional parliament will have power to write some important legislation like Investment Law and other business laws in near future. There are Union Chief Justice and Union Chief Attorney in Myanmar Legal System.
The penal codes are applied in criminal case. Since Myanmar Penal code is started during British Colonial Era, we can found the similar penal code for similar crime in other British Colonial countries like Singapore.
The precedencies are the important parts of Myanmar Legal System. The lawyers use precedencies to support their arguments against the civil and criminal cases and the judge also use precedencies to support his or her judgment while passing judgment.
In Myanmar legal system, the different law is applied to different people based on their religion. The inheritance law for Christian is different from those of Buddhists. Though the Christian people are allowed to write a will legally, Buddhists are not allowed to do so. Buddhists need to inherit based on Myanmar custom. The similar cases are applied to marriage.
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