Jurisdiction Problems in the Comparative Investigating and Ordering Process of Issuance of Land Rights DocumentsUnder Section 60 of the Land Code

Abstract

          This article aims to explore the issues related to jurisdiction problems in the comparative investigation and ordering process of the issuance of documents of land rights under Section 60 of the Land Code. The study utilizes a comparative research approach and examines the development of legal systems, criteria, and considerations of judicial jurisdiction from foreign laws, including French and German laws. Additionally, it scrutinizes case studies from foreign judgments and; Thai Administrative Court decisions, with a particular focus on rulings from the Committee on the Determination of the Powers and Duties among Courts.

          The findings are that the Committee on the Determination of the Powers and Duties among Courts has established a precedent indicating that, cases where the issue involves a dispute over land rights fall under the jurisdiction of the Court of Justice. If the case involves a dispute in relation to an unlawful administrative order, such a case is under the jurisdiction of the Administrative Court. In cases where the issues are interrelated, if the adjudication of land rights is the primary dispute, falls within the jurisdiction of the Court of Justice. However, if the dispute over land rights is secondary to a case involving administrative disputes, it still falls within the jurisdiction of the Administrative Court, aligning with the legal precedents of the French and German courts that consider land rights disputes to be under the jurisdiction of the Court of Justice. In cases where the problem of land rights is only tangentially related to the main issue of an administrative dispute, the Administrative Court has the authority to adjudicate. This research proposes that cases involving a dispute in relation to a State official making inquiries and settlement and issuing unlawful administrative orders regarding the issuance of documents of land rights should fall within the jurisdiction of the Administrative Court under Section 9, paragraph one (1) of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999).This is to define an appropriate jurisdiction for such cases, aiming to reduce the workload of the court and the Committee on the Determination of the Powers and Duties among Courts. This approach contributes to a rapid adjudication process, fostering the development of the Thai judicial system and legal framework, making them more efficient and effective.