Problems Of Disputes Concerning Environmental Cases Between Parties Before Prosecution In Court

Abstract

The research on disputes in environmental cases between parties before litigation was a qualitative research. The objectives of this study are to study and apply the pre-litigation conciliation method to apply in environmental administrative cases as follows: (1) to understand the problem and background of the pre-litigation mediation method Environment in Administrative Courts (2) to study the concepts and theories of conciliation before litigation. and jurisprudence relating to resolving disputes in environmental cases; (3) to be able to explain administrative proceedings relating to environmental disputes of administrative courts in Thailand and abroad; (4) to study and analyze the suitability of applying (5) To find ways to amend the law relating to the use of pre-litigation mediation in environmental administrative cases.

          The results of the study found that For a long time, Thailand has used the method of conciliation before litigation in court. By applying to both civil disputes (Civil Dispute) and criminal disputes (Criminal Dispute), but it does not appear that the dispute has been clearly applied to the administration. Looking at the law of the French Republic, it can be seen that such law provides for the introduction of a pre-litigation mediation system in administrative proceedings concerning environmental cases. which enables the parties to mediate damages or remedies from tangible pollution

          It is recommended that the provisions of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999) be amended by requiring the Administrative Court of First Instance to have the power to conciliate environmental cases within the jurisdiction of the Administrative Court of First Instance. and the Supreme Administrative Court has the power to conciliate disputes within the jurisdiction of the Supreme Administrative Court, which was filed for the first time with the Supreme Administrative Court. and prescribing the Administrative Court to have the power to mediate disputes in environmental cases within the jurisdiction of the Administrative Court. and amended the power of the Administrative Court to proceed with the administrative judicial process by settling disputes through mediation before suing environmental cases to the Administrative Court.