RETROSPECTIVE ANALYSIS OF THE ACCUSATION TREND OF MONK PARTY TO ADMINISTRATIVE COURT

Abstract

    The administrative court is considered to be a court for considering the case about the operation of the administrative staff that illegally operates their works which population or government officers or administrative department has a right to make an accusation to the administrative court for consideration by studying retrospective analysis of the judgment from the administrative court, which aims to study the occurrence and causes of the accusation of the monk party to the administrative court, including the causes of accusation to the administrative court. However, the accusation of the monk party to administrative court also includes the fact that a monk, who is considered to be a normal person, and a temple who is a juristic person, complainant, and defendant by using a judgment guideline and synthesis guideline from the administrative court from 2000 to 2020, which is 20 years in total. According to the study from those twenty years as mentioned, the trend of the accusation of monk party to administrative court has been decreased, and monk party has utilized the right from the administrative court for the most by using a right for making an accusation in accordance with section 9, subsection 1 rather than other subsections since most cases from monk party are disputation about land management and the problems from land usage which leads to the correspondence of that section. Nevertheless, it can be seen that the first reason for the reduction of the monk party’s case is that there is an alternative just ice process of the consideration that is reconciliation before making an accusation to the court. Moreover, the second reason is that the problem of right usage for making an accusation about land management and the problems from land usage is caused from the fact that temple land is considered to be a public national property which is constructed from donations and many problems from land usage can occur afterward.