Administrative Liability Relating on Inequality of Public Berden

Abstract

               Public service of the State is operating for the benefit of people. The most people get benefited according to the operational objectives of the state. But at the same time, some people who have been burdened or suffered more than others specially which the State should have to remedy for the person who bears that special burden to return to equality with others. This principle is known as "equality in the burden of the public services" It appears in French administrative law in a written law and a decision of  Council of State. Later, countries around the world popularly brought to explain and justify state liability without fault. Including in Thailand, this law has been applied as well. Even if not said, but there are judgments based on the implicit. Therefore, for clarity in use of this principle, the provisions of this law should be amended to support this principle as a written law. Written law can make the use of administrative liability more comprehensive remedy.