LEGAL CONSCIOUSNESS OF PEOPLE IN MEAUNWAI SUB-DISTRICT, MUANG DISTRICT, NAKHON RATCHASIMA TOWARD CORRUPTION THAT IS CRIMINAL OFFENCE

สำนึกทางกฎหมายของประชาชนตำบลหมื่นไวย อำเภอเมือง จังหวัดนครราชสีมา ต่อการคอร์รัปชั่นที่เป็นความผิดอาญา

  • MONGKOL JAROENJIT Law Program, Faculty of Humanity and Social Science , Nakhon Ratchasima Rajabhat University
  • SATID JUMROEN
  • BOONNAM SOPAUTHOK
  • PITAKCHAI DEJ-UDOM
  • TUANGPORN PIYAWIT
Keywords: Legal Consciousness, Corruption, Criminal Offence, Meaunwai sub-District

Abstract

   

This qualitative research consists of documentary research which the types of corruption that are criminal offences and field research is studied, it is the phenomenon-based research in order to analyze nature and types of people’s legal consciousness toward corruption, called a criminal offence. Research participants are in Meaunwai Sub-district, Maung District, Nakhon Ratchasima and then purposive key informants are divided into 2 groups. The used data was collected as a content analysis through in-depth interviews with 18 community leaders and focus-group interviews with 20 volunteers.

            Corruption can be categorized into 2 groups; Corruption by criminal offence, i.e. embezzlement, misconduct, breach of duty, extortion of bribe, conflict of interest, cronyism, threatening of government officials, asking bribe to motivate officials, and bribery and Corruption-related criminal offence, i.e. money laundering, non-submission of account showing assets and liability and unusual wealth.

            The law on Corruption is acknowledged, which most of them had the opinion that corruption negatively affects people, society and country. Also, law against corruption is known as the importance that should be more seriously enforced. Problems can be found in 5 levels as follow: acceptance, remaining silent, resistance without any action, unofficial complaint and official complaint. The significant reason for choosing non-action method more than the others is because of the fear of consequential effect and significant reason for taking action against corruption, also the maintenance of personal interest, society’s interest and country’s interest can be invloved.

Downloads

Download data is not yet available.

References

Chantraniph, P. (2015). The Development of a Corruption Prevention Model in the Public Sector for Good Governance in Thai Society. KasemBundit Journal, 16(1), 88-101. (In Thai)

Charoensil, D. (2009). Legal Consciousness and the Role of Law in the Life of Disabled People. Thesis, Master of Laws in Faculty of Law, Chiangmai University, Chiang Mai. (In Thai)

Jaroenjit, M. (2008). Legal Consciousness of Small-Enterprise Workers.Master’sthesis,Faculty of Social Sciences,Chiangmai University. (In Thai)

Minakanit, T. (2013). Principle of Criminal Law: General Part. Bangkok : Winyuchon. (In Thai)

Watjanasawadi, K. (2001). Explanation of Criminal Law: Division 1. Bangkok : Thammasart University. (In Thai)

Bardhan, P.(1997).Corruption and Development: A Review of Issues. Journal of Economic Literature, 35(3), 1320-1346.

Carr, I. (2007). Fighting Corruption Through Regional and International. European Journal of Crime, Criminal Law and Criminal Justice, 15(2), 121-153.

Engel, D. M. (2005). Globalization and the Decline of Legal Consciousness: Torts, Ghosts, and Karma in Thailand.Law and Social Inquiry 30, 469-514.

Engel, D. M. & Munger, F. W.(2003). Rights of Inclusion: Law and Identity in the Life Stories of Americans with disabilities. Chicago: The University of Chicago Press.

Ewick, P., & Silbey, S. S. (1998). The Common Place of Law: Stories from Everyday Life. Chicago: University of Chicago Press. Retrieved September 30, 2017, form.http://blog.lawbore.net /2012/12/ucl-current-legal-problems-i-fought-the-law-and-the-law-won-legal-consciousness-legal-hegemony-the-critical-imagination-sean-knight/

Hertogh, M. (2004). A ‘European’ ConceptionofLegalConsciousness: Rediscovering Eugen Ehrlich. Journal of Law and Society 31 no.4,457-481.

Silbey, S. S. (2005). After Legal consciousness. Annual Review of Law and Social Science, 1, 323-368.

Published
2020-04-01
Section
Research Articles