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  1. University of Mandalay
  2. Department of History

Judicial System During the Reign of Myanmar Kings

http://hdl.handle.net/20.500.12678/0000000938
http://hdl.handle.net/20.500.12678/0000000938
f1570f9f-f182-47a6-b387-ba792976fbef
88426119-5566-4e50-b5e1-3c3e50135f51
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Judicial Judicial System During the Reign of Myanmar Kings.pdf (352 Kb)
Publication type
Journal article
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Publication
Title
Title Judicial System During the Reign of Myanmar Kings
Language en
Publication date 2009
Authors
Chaw Ei Ei Aung
Description
Judicial system during the reign of Myanmar Kings based on the traditional culture and custom. In those periods, there were Yazathats (Royal Orders) to settle criminal cases, “Lese Majesty”. Civil suits found in Bagan era were suitsnfor land, for slaves, for inheritance and for monetary claims. In a suit occurred in AD1223, four Than Phama (Judges) jointly presided at Kun Thayar (Court House) and heard that cases. There were Dhammathats (Code of Law) with respect to Myanmar administration of justice. As a traditional custom of ancient Myanmar Kings, there were Kaba Leyat Trial Procedures (four types of trial by Ordeal) from Bagan period to Konbaung Period. Kaba Leyat trials procedure was practiced only if there were no witnesses or sound audience. It was known that in Innwa era there had been a distinction between administration of justice in royal capital and administration of justice in far-off regions. During the Nyaung Yan Period, the litigants who were dissatisfied with the decision of the lower courts had the right to appeal to Hluttaw. Moreover, a Royal Order in Nyaung Yan period instructed that any litigation must not be carried out during the raining season (i.e. cultivation season). During the Konbaung Period there were two kinds in administration of justice such as administration of justice in royal capital and in outstation regions. In the jurisdiction of the royal capital, cases were tried at Hluttaw, She-yon, Nauk-yon, and Taya-yon. Judiciary reforms were made during the period of King Thibaw, there were woman judges but it was abolished by Thibaw government. Myanmar Judicial system therefore was based upon nature of the Myanmar social sphere.
Keywords
Ancient Myanmar Kings Legal System
Identifier https://umoar.mu.edu.mm/handle/123456789/417
Journal articles
Kengtung University Research Journal
i
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Books/reports/chapters
Thesis/dissertations
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