STATE RESPONSIBILITY WITHOUT FAULTA CASE STUDY: ARMEDROBBERY FROM THEGOVERNMENT ARMORYTO COMMIT A CRIMEAT NAKHON RATCHASIMA DISTRICTS

Abstract

Public security deems a solely responsibility of the government which many civilized countries governing in a liberal democracy have globally abided by.For Thailand, even though the constitution stipulates that the public security is a responsibility of the government under Article 52, but in the event of public hazard causing damage to the people, the provisions of Thai law are often significantly based on the liability principle. That is to say, the government is liable only when the government performs intentionally or negligently to cause damage substantially, although those damages are a direct result that the government causes the risks to the people, except the event that the law stipulates that the government must be liable on a certain case only. Contrary to France, it is adhered by the general law that the government must be responsible for all damages incurred arising from the various risks created by the government, even if the government does not have any offense whatsoever. Regarding to the different points as aforementioned, it causes various practical problems that may affect the victims of the armed robbery from thegovernmentarmory for use to create the violence in Nakhon Ratchasima Province, including the problem of not the right holder exercising the right of damage claim for the suffering people, the problem of inequality in remedy the damages incurred and the problem of the instability of the legal remedy measures issued. This article aims to study the problems mentioned above and propose guidelines for the development of remedy measures for people who have been suffered from the risks created by the government to be in line with the liberal democracy and the spirit of the constitution.