The Judicial System

The Reform of the Judicial System in the Union of Myanmar

The Present Judicial System

The present judicial system was adopted on the 26th of September, 1988 when the State Law and Order Restoration Council promulgated The Judiciary Law, 1988 for the formation of the courts at different levels and the administration of justice. It was subsequently amended by the present Judiciary Law, 2000, which was promulgated on the 27th June, 2000 by the State Peace and Development Council.

Judicial Principles

According to the Judiciary Law, 2000 judicial principles are as follows:

(a)administering justice independently according to law;

(b) protecting and safeguarding the interests of the people and aiding in the restoration of law and order and regional peace and tranquility;

(c) educating the people to understand and abide by the law and cultivating in the people the habit of abiding by the law;

(d) working within the framework of law for the settlement of cases;

(e) dispensing justice in open court unless otherwise prohibited by law;

(f) guaranteeing in all cases the right of defence and the right of appeal under the law;

(g) aiming at reforming moral character in meting out punishment to offenders.

Formation of Courts at Different Levels

Under the Judiciary Law, 2000 the following courts are established in the Union of Myanmar:

(a)The Supreme Court;

(b)The State or Divisional Courts;

(c)The District Courts;

(d)The Township Courts.

The Supreme Court confers upon the Judicial Officers appropriate judicial powers as mentioned below:

Magisterial Power of Judges

Judge Criminal Powers

(a) State or Divisional JudgeThe power of Sessions Judge under the

Criminal Procedure Code.

(b) Additional State orThe power of Sessions Judge under the Divisional Judge Criminal Procedure Code.

Deputy District JudgeCriminal Procedure Code.

(d) Township Judge orThe powers of the Courts of Magistrates

Additional Township as prescribed by the Criminal Procedure

Judge or DeputyCode.

Township Judge

(as well as Magistrates)

Sentences which may be passed by Courts of various Classes

Court Sentences

(a)The Supreme CourtAny sentence authorized by law.

(b) The State or Divisional Any sentence authorized by law; but any

Court sentence of death passed shall be subject to confirmation by the Supreme Court.

sentence of death passed shall be subject to confirmation by the Supreme Court.

(d)The Township Court

(i) Courts of specialAny sentence authorized by law, except a

power Magistratessentence of death or of transportation for a term exceeding seven years or of imprisonment for a term exceeding seven years.

(ii) Courts of MagistratesImprisonment for a term not exceeding two

of the first classyears, including such solitary confinement as is authorized by law;

Fine not exceeding one thousand kyats; Whipping.

(iii) Courts of MagistratesImprisonment for a term not exceeding six

of the second classmonths, including such solitary confinement as is authorized by law;

Fine not exceeding two hundred kyats.

(iv) Courts of MagistratesImprisonment for a term not exceeding one

of the third classmonth;

Fine not exceeding fifty kyats.

Pecuniary Jurisdiction of Judges

Judge Civil Powers

(a)State or Divisional JudgeJurisdiction in any suit or original proceeding

without restriction as regards value.

(b) Additional State or Jurisdiction in any suit or original proceeding

Divisional Judgewithout restriction as regards value.

a value not exceeding kyat 3,000,000.

(d) Deputy District JudgeJurisdiction in any suit or original proceeding of

a value not exceeding kyat 1,500,000.

(e) Township JudgeJurisdiction in any suit or original proceeding of

a value not exceeding kyat 500,000.

(f) Additional TownshipJurisdiction in any suit or Judge original

proceeding of a value not exceeding kyat 500,000.

(g) Deputy Township JudgeJurisdiction in any suit or original proceeding of

a value not exceeding kyat 300,000.

Civil Appellate Jurisdiction

Judge Appellate Powers

(a) State or Divisional JudgeTo adjudicate on appeal against any degree or

order passed by the District Court exercising its original jurisdiction.

(b) Additional State or To adjudicate on appeal transferred by State or

Divisional JudgeDivisional Judge.

order passed by the Township Court exercising its original jurisdiction.

(d) Deputy District JudgeTo adjudicate on any appeal transferred by

District Judge.

Courts Constituted to try separate cases

Either under special provisions in any law or in respect of those cases occurred time and again in populous areas, Separate Courts are specially constituted by the Supreme Court to achieve speedy and effective trial in same special laws such as:

(a)Juvenile Courts -The State Law and Order Restoration Council enacted the Child Law of 1993. The Child Law, 1993 was adopted to implement the rights of the child envisaged in the United Nations Convention on the Rights of the Child. In the administration of justice in the Union of Myanmar a juvenile offender is usually tried summarily by a competent court irrespective of the severity of the offence. In ordinary circumstances the legislature intended the juvenile offender to be punished as lenient as possible so that he may be able to enter the mainstream of life with clear conscience, confidence, efficiency and high morale. To achieve that spirit juvenile offenders are not to be sentenced to death or transportation for life or whipping.

(b)Courts to try municipal offences - Seven separate courts were opened in Yangon after consultation with the Yangon City Development Committee to try municipal offences such as violating provisions of the City of Yangon Municipal Act, Rules, By-laws, Orders and Directives still in force and those under the Yangon City Development Law enacted by the State Law and Order Restoration Council. Four separate courts were also established in Mandalay after consultation with the Mandalay City Development Committee to try municipal offences.

(c)Courts to try traffic offences - In order to try offences violating vehicle rules and road discipline, seven separate courts in Yangon City Development area and two separate courts in Mandalay City Development area, exclusively for that purpose have been constituted in consultation with the Traffic Rules Enforcement Supervision Committee.

As presented above Myanmar had reformed its judicial system in the recent past, - from career judges to elected lay people - and to career judges again.

Conclusion

Reform of the judicial system or reform of anything can be brought about in two ways: abrupt and revolutionary; and gradual and evolutionary. The experience of Myanmar is that reforming the system from a career judge to a committee of layman is more chaotic than the other way round and changing through evolution is preferable than through revolution.

Myanmar Economic Reform

Introduction

After the brief presentation of Myanmar judicial system, I would like to continue my flow to laws related to Myanmar economics.

In 1988, when the State Law and Order Restoration Council took State responsibility, two important legal historical landmarks were created. The first creation was the putting into life of old market-economics laws. The second was the promulgation of new laws for the benefit of the country this action accelerated the tempo of economic growth.

There economic laws are the foundations of the economic system. Upon these foundations, the economic system is built. In the Union of Myanmar, these laws exist and they are creating the proper evolution of the market-oriented economics system.

Old Economic Laws before 1988

They are laws that were promulgated before 1988 but their usage was quite different from how they are used today. Today they are used in a sense to be adaptable to the market economic system. One of the oldest laws is the Myanmar Contract Act (1872). This Act is used in all agreements. Joint Venture Agreements, Build, Operate and Transfer Agreements, Cooperation Agreements and Leas Agreements are within the scope of this law. In the same way, the Transfer of Property Act was promulgated in 1882. Both these laws are interpreted in "Letter" and "Essence" by successive Supreme Courts in Myanmar.

The Transportation sector always gives help to the economy. These Laws are based on Public International Law and they are sometimes followed by domestic laws. In the sector of air transportation, there is the ratifying of the Warsaw Convention (1929) which was followed by the Carriage by Air Act (1939). There is also the Aircraft Act (1934) and Aircraft Rules (1937). Aircraft Rules were amended in 1994 by the State Law and Order Restoration Council to be well-adapted to the times. Thus, due to these amendments, Joint Venture Airlines have emerged. In shipping, there is the presence of World Standard Laws. Myanmar Carriage of Goods by Sea Act (1925) is the domestic Law for the Hague Rules. The Bill of Lading Act (1856), the Myanmar Shipping Act (1923), Registration of Ship Act (1841) and Amendment Act can be seen in other parts of the world. In the land transport sector, there is the Carrier Act (1865) and the Railways Act (1890). These Laws are laws of World Standard and are would standard substantial transportation Laws.

For two entrepreneurs, to get into a stable activity, organizations are required. In Myanmar, there are laws for proper and systematic creation of such organizations. They are made through Special Company Act (1950), Myanmar Companies Act (1914) and Partnership Act (1932).

Intellectual properties are also protected by Intellectual Property Laws. Copy Right Act (1914), Patent and Design Act (Emergency Provisions)(1946) are in legal effect. The State is endeavouring to better these Laws.

Disputes, those undesirable things in economic activities are also provided for. Should there be one, there is the International Standard Laws such as the Arbitration Act (1944) and the Arbitration (Protocol and Convention) Act (1939). These are Laws that at par with other economic Laws in other parts of the world.

The Union of Myanmar is endowed with an ancient cultural heritage. Our culture has been passed to this day for generations by our ancestors. This cultural heritage is protected by the Ancient Monument Preservation Act (1957).

In the area of Labour Laws, workers are protected through the Factory Act (1951) and other Labour Laws. Government Departments are endeavouring to better theses Laws.

These Laws have been present for many years and a new life has been given to them. They are promulgated for the proper evolution of market oriented economic systems.

New Economic Laws after 1988

In 1988, the State Law and Order Restoration Council efficiently promulgated the second historical legal milestone. One of the first laws promulgate was the Union of Myanmar Foreign Investment Law (1988) and the Myanmar Citizens Investment Law (1994). These Laws give new incentives for investment and are creating economic success as on one can see today.

In the market economic system, privatization is a very important subject. In other countries, a special Law is promulgated. In Myanmar, the law for privatization is called the State-Owned Economic Enterprises Law (1989).

In the area of land, there is a Notification for Waste Land, Fallow Land and Culturable Land which has the force of Law.

The State also adds new vigour to the Public International Law. These Laws are part of the Public International Law. One example is for the protection of the environment, namely the Vienna Convention Protection of the Ozone Layer, the Convention on Biological Diversity, the United Nations Framework Convention on Climate Change.

In the sector of finance, there is the Central Bank Law (1990), the Myanmar Financial Institutions Law (1990), the Saving Bank Law (1992) and the Myanmar Agriculture and Rural Development Bank Law (1990). These Laws govern the setting up of a bank and they contribute greatly towards financial matters.

Myanmar always keeps in touch with the International arena. She is a founding member of Word Trade Organization. Under the Marrakesh Treaty Act II.2, Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) 1994 treaty, a member has to ratify this treaty ipso facto. Myanmar is taking measures to give legal effect to this treaty. These Laws provide for the proper evolution of the market economic system.

While one endeavours for the proper evolution of the economic system, it is also necessary that the system be based upon Laws. In the Union of Myanmar, such Laws are already in place. When a study is made of the old Laws and new Laws, it can be seen that they were legislated for the proper evolution of the market economic system.

Conclusion

Before I conclude my presentation, I am sure that my sharing knowledge might not be sufficient. But I am very please to be here and to present about our country the brief description of Myanmar Judicial System and Economic Reform. I am very thankful to all of you for your kind attention.

Thank you very much.

C O N T E N T

1.The Reform of the Judicial System in the Union of Myanmar

1.1.The Present Judicial System

1.2.Judicial Principles

1.3.Formation of Courts at Different Levels

1.4.Courts Constituted to try separate cases

1.5.Conclusion

2.Myanmar Economic Reform

2.1.Introduction

2.2.Old Economic Laws before 1988

2.3.New Economic Laws after 1988

2.4.Conclusion

The Reform of the Judicial System

in the Union of Myanmar

Myanmar Economic Reform

Legal Reform Cases of

the Union of Myanmar