Land Rights Litigation by the Thai Administrative Court

Abstract

The article purpose on the land rights litigation in Thailand Administrative Courts. Its purpose is creating understanding of the nature of land rights cases and the jurisdiction of the administrative courts regarding such cases. The dispute on land rights is a case where the content of the case overlaps between administrative law and civil land in the jurisdiction of the Administrative Court and the court of justice. It must fight with most of the technical evidence and experts. General citizens who fight their case against the government will be at a disadvantage in the case because government agencies will have more information and experts who can support their own cases. The burden of proof will fall on the civilian party who cited their arguments as to how the documents the government has made are inaccurate, according the Section 127 of the Civil Procedure Code. In addition, the Court of Justice does not may judge beyond the plaint or request under section 142 of the Civil Procedure Code. It is impossible to find the truth as much as the Administrative Court that uses the judicial process in the judicial system according to the Rules of the General Assembly of Judges of the Supreme Administrative Court on Administrative Court Procedure, B.E.2543. As a result, the truth of case will be found more than the Court of Justice and the Administrative Court also has the power to consider judgment on any property rights according to the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E.2542, Section 71(4) and has power to decide issues of ownership or possessory rights which are secondary issues of the case according to the Rules of the General Assembly of Judges of the Supreme Administrative Court on Administrative Court Procedure, B.E.2543, Article 41, paragraph two. It is a case that should be under the jurisdiction of the Administrative Court.