สิทธิของผู้ “อาจจะเดือดร้อนหรือเสียหายโดยมิอาจหลีกเลี่ยงได้” ที่สามารถฟ้องคดีต่อศาลปกครองตามมาตรา 42 วรรคหนึ่ง แห่งพระราชบัญญัติจัดตั้งศาลปกครอง และวิธีพิจารณาคดีปกครอง พ.ศ. 2542

Abstract

The purpose of this research is to 1) know point of fact and law, which is used as an element in consideration and exercise of judicial discretion, in protecting the rights of person who may inevitably be aggrieved or injured in consequence of administrative action in the same direction. 2) take the criteria to be a guideline for consideration of a person who may inevitably be aggrieved or injured by targeting groups which are administrative judges, public and private lawyers and people who have filed administrative cases on grounds that they may be injured by using in-depth interview with research assistants recording data and taking the data obtained for analysis and grouping to find the validity in the content of each issues and the consistency index for each question between 0.67 - 1.00.

The results of the research shows that the criteria that administrative judges bring to apply for the meaning of person who may be aggrieved or injured according to Section 42 paragraph one of the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 (1999) are divided into 2 main points which are Criteria for point of fact and law. The point of facts are as follow: 1.1 Issues that have been filed if there is no amendment according to the lawsuit, it will definitely cause damage (Non-speculation). 1.2 Inevitability 1.3 manifest fact (Consider in each case). Point of Law are as follow: 1.1 not be filing a case involving a dispute in relation to a wrongful act or other liability of an administrative action under section 9 paragraph one (3). 1.2 not be filing a case involving a dispute in relation to an administrative contract. 1.3 The Administrative Courts have power to issue an order under Section 72.