GUIDELINE AND PROBABILITY PRINCIPLES OF AUTHORIZATION RULE COMMAND FROM GOVERNMENT TO PRIVATE INSTITUTION

Abstract

The objectives of the research article were: 1) study the concept, principle and legal theory about probability principle of authorization rule command from government to private institution, 2) study legal measures about probability principle of authorization rule command from government to private institution, and 3) propose the appropriate problem solution about probability principle of authorization rule command from government to private institution. The study was qualitative method by using questionnaire and specific and group discussions were used to select specific sample that divided into 5 groups such as 1) judge, 2) public prosecutor, 3) inquiry officer, 4) lawyer, and 5) government official, for totaling 10 persons. The data was analyzing content and summarizing as overview, it was found that 1. the concept, principle and related theories such as Act on Establishment of Administrative Courts and Administrative Procedures, B.E. 2542, Administrative Procedure Act, B.E. 2539, Lawyers Act, B.E. 2528 and Constitution of the Kingdom of Thailand B.E. 2560. 2.The legal measures about probability principle of authorization rule command from government: (1) the use of administrative discretion and procedures, (2) administrative supplies and contracts, and (3) the effect of administrative orders that do not comply with the principle of non-interest, and 3. The propose the appropriate problem solution about probability principle of authorization rule command from government, it was found expedient to revise, add content in some laws that affected government agencies and also used of government powers to invade the rights and liberties of individuals such as Act on Establishment of Administrative Courts and Administrative Court Procedures, B.E. 2542, Section 3, Section 9 (1), and Administrative Procedure Act, B.E. 2539, Section 56 to Section 63 and scope of application of the federal law in administrative command.