การบริหารงานยุติธรรมภายใต้การบังคับใช้กฎอัยการศึกและพระราชกำหนดการบริหารราชการในสถานการณ์ฉุกเฉินเพื่อแก้ไขปัญหาความขัดแย้งในจังหวัดชายแดนภาคใต้

Abstract

The aims of this research wer to 1). examine local residents awareness about criminal justice administration under enforcement via the martial law act and emergency decree for resolving conflict in Thailand's southern provinces 2). study the attitude of local residents toward the criminal justice administration under enforcement via the martial law act and emergency decree for resolving conflict in Thailand's southern provines 3. pursuit the resolution methods for solving the conflict under the administration of justice causing fairness for all local residents. Simultaneously, offenders committed against the national security could be brought to the legal sanction process practically. This research was performed using questionnaires collected from justice associated officials and local residents from Yala, Pattani and Narathiwat provices. 1,200 questionnaires were procured from 900 ocal residents and 400 justice associated officials (300 persons per province: 300 residents and 100 officials. respectively). Additionally, the in-depth information was achieved by interviewing 20 representatives including police officers.  prosecutor officials, judge, loal residents and community leaders. The results suggested that their awareness of the enforcement of martial law act and emergency decree are quite low. The administration of justice aspect, forensic science might be alternative choice for solving the conflict in the southern provinces. Local residents and officials from different provinces also believed that the martial law act and emergency decree should be maintained in the following areas. According to the daily security situation, a special ministry or a special-case court to manage problem in the three southern provinces, particularly cases of scurity should be established. Nevertheless, this concept is disputed between residents and officials. Local residents thought that those actions may bring about the deprived of the right of citizens. Contrary to the vision of officials, those actions are alternatively way to relieve the conflict. However, local residents also felt sympathy for the operation of general officials. The use of negotiation and restorative justice should be emphasized for resolving the conflict. Local residents perceived that the conflict in the three southern provinces has been neutralized with the correct solutions.