การพัฒนามาตรการคุ้มครองสิทธิทางแพ่งของประชาชนในการฎีกาคำพิพากษาต่อศาลฎีกา

Abstract

 PURPOSES: To study the issue of civil rights protection of the people to petition the Supreme Court, to compare Thailand with foreign countries in terms of civil rights protection, to recommend a draft of law as well as to assess the drafted law on the protection of civil rights of the people to petition the Supreme Court of the Appeal Court’s verdicts. METHODS: Mixed Methods Research, qualitative by means of in-depth interviews and documentary approaches, and quantitative research using a questionnaire for 30 respondents selected by purposive sampling technique.  RESULTS: It was found that the petition in civil cases in the requesting system could not actually reduce the number of cases that would go to the Supreme Court. Petitioning in the new system could lead to more cases to be considered by the Supreme Court unnecessarily. Additionally, it could increase the burden and delay in the Supreme Court to consider duplicate cases. Moreover, the Supreme Court would have the burden of several hearings without considering the cases to be completed in one step. CONCLUSIONS: Measures for the protection of civil rights include appointment of senior Supreme Court judges to be advisors to the jury in the Appeal Court, provision of more manpower in the court system, and the establishment of a retrieval system of Appeal Court’s verdicts.