influence of legal system on Nepalese legal on civil, common, religious, socialist law

1. Influence of other Legal System
on Nepalese Legal System
Parista desar

2. Influence
Of •Common Law
Of •Civil Law
Of •Socialist Law
Of •Religious Law

3. Influence of common law
• Common legal system started from England and
developed through culture, tradition, and customary
law.
• Common legal system is most important and major
legal system dominated on Nepalese legal system.
• The impact of common law took place after 2007 B.S.

4. • Constitutional monarchy
• Western minister model
of parliament
• Recognized principle of
justice
• Principle of natural justice
• Principle of criminal
justice
• Influence of western
model of education
system
• Rule of law
• Independent judiciary
• Judges from bar
• Government prosecution
state case and judges
• Discretionary power goes
to judges
• Equality before law
• Adversarial legal system
• Reason based decision
• Contempt of court in
crime

5. Influence of civil law
• Civil legal system is development from codification
and originated from Roman jurisprudence along with
Germany and France.
• It has development when civilization started in Italy
and Rome.
• So, it is also oldest legal system.
• Many countries follow some of the principle article,
spirit of civil law, in the same way there are some
influence of civil law Nepalese legal system.

6. • Supremacy legal system
• Privilege of judges
• Evidence act
2031B.S(burden of
proof goes to defendant
)
• Dibyapadeh, which was
in written from
• Close hearing system
• Quasi judicial body like
CDO, LDO, etc
• Judge appointment
system
• Government
prosecution act
• Drugs trafficking control
act 2031

7. • Corruption control act
2059
• Human trafficking act
2043 and same
provision in human
trafficking act 2064
• Different special court
are formed liked police,
army, etc
• Good consign
• Double bench and
special bench of court

8. Influence of socialist legal system
• Social law is also called critical tradition of
commercial system.
• Socialist family of law is based on the philosophy,
ideology and principle of Marxism and Leninism.
• Nepal has also adopted or received some concept
and idea from socialist legal system.

9. • Article 18:Right to equality
• Article 22: Right against
torture
• Article 24: Right against
untouchability and
discrimination
• Article 29: Right against
exploitation
• Article 34: Right regarding
labor
• Article 33 : Right to
employment
• Article 42: Right to social
justice
• Article 43: Right to social
security
• Directive principle, policies,
and responsibilities of state
• Adopted scientific land
reform programmed and
ended feudalistic land
ownership
• Follow a policy of protecting
an promoting national
industries and resources

10. • Repeal all
discriminatory law
• Establishment of public
enterprises
• Land reform act 2021
B.S
• Birta abolition
• Investment for
promotion of industries
and trade
• Policy of establishing
the rights of all citizen
for education, health,
housing, employment,
and food sovereignty
• Promote economically
backward class
• Labor act 2074

11. Influence of religious legal system
• Religious legal system is independent branch of
knowledge, which give more emphasis on Morality,
social harmony and solidarity.
• Nepalese legal system was totally based on religious
legal system and mainly on Hindu legal system before
2007 B.S.
• Some influence of Hindu legal system are:

12. • Morality was regarded as
law
• Many festivals are
celebrated by varies
caste, culture, in variety
of ways
• Slavery and satte pratha
was in practice
• Right to religious freedom
• Ghumto, Chhaupadi,
kumari prath are still
prevailing in some society
• Right to language and
culture
• Division of different caste
• Different language and
dress according to culture

13. • Offence regarding
religious act 2074
• Brahman are regarded
as “Mahapurus”
• “Dharmasastra” has
made influence on
“Manabnyaysastra”
• During KIRAT, LICHHAVI,
MALLA period
punishment was given
according to caste
• Edicts of king
• Law made from
MANUSMRITI,
NARADSMRITI