RIGHTS OF THE GOVERNMENT OFFICIAL WHO HAVE BEEN SUED UNDER THE ACT ON ESTABLISHMENT OF ADMINISTRATIVE COURTS AND ADMINISTRATIVE COURT PROCEDURE, B.E. 2542 (1999)

Abstract

Abstract

The purposes of this research were: 1 To know the legal concepts and theories concerning the rights of government officials accused of administrative lawsuits; 2 Compare the rights of government officials accused of administrative lawsuits under Thai law with those of foreign countries, including international rules. 3.Propose legal development guidelines to effectively protect the rights of government officials accused of administrative lawsuits. Fair and standard. This research was a qualitative research by descriptive research methodology by reviewing relevant academic papers for synthesizing and processing by descriptive analysis.

The results of the study revealed that the litigation of the Administrative Court has special characteristics that are different from the litigation of the Court of Justice. It uses the system of inquiry in administrative cases, which are disputes between administrative agencies or government officials and private individuals or disputes between administrative agencies or government officials themselves. Most administrative cases are disputes between the private sector and the government. The fact that the parties are in an unequal position results in the private sector being at a disadvantage and not being treated fairly as it should be. Therefore, the rules and conditions for litigation and administrative proceedings under the Act on Establishment of Administrative Courts and Administrative Court Procedure, BE 2542 (1999) have been set in Chapter 4, Administrative Case Procedure. To protect the rights and liberties of the people and to establish the correct norms in the performance of government officials. However, if looking at the other side, is the government official accused of administrative lawsuits sufficiently protected their rights under this law? because he is a person performing official duties in an administrative agency, he deserves to be treated appropriately and has standards to promote good governance and create fairness for all parties in administrative cases as well.