CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru <p>คณะนิติศาสตร์ มหาวิทยาลัยราชภัฏเชียงราย ได้จัดทำวารสารฯ เพื่อเปิดโอกาสให้อาจารย์ นิสิต นักศึกษา ตลอดจนนักวิชาการ นักวิจัย และผู้สนใจทั่วไปทั้งภายในและภายนอกมหาวิทยาลัย มีโอกาสได้เผยแพร่ผลงานวิชาการในรูปของบทความวิชาการและบทความวิจัย เพื่อเป็นการส่งเสริมและสนับสนุนให้เกิดการเผยแพร่ความรู้ในสาขานิติศาสตร์ รัฐศาสตร์และสังคมศาสตร์ ให้กว้างขวางมากยิ่งขึ้น โดยตีพิมพ์เผยแพร่สู่สาธารณชนผู้สนใจทั่วไป พร้อมทั้งการพัฒนายกระดับให้เป็นวารสารระดับชาติและนานาชาติต่อไป</p> <p><strong>ISSN</strong> 2985-1165 (Print)</p> <p><strong>ISSN</strong> 2985-1173 (Online)</p> <p><strong><span lang="TH" style="font-family: 'Tahoma',sans-serif;">กำหนดการตีพิมพ์</span></strong><strong><span style="font-family: 'Tahoma',sans-serif;"> (Publication Date) <br /></span></strong><span lang="TH"> วารสารฯ ตีพิมพ์ ปีละ </span>2 <span lang="TH">ฉบับ</span></p> <p><strong><span lang="TH" style="font-family: 'Tahoma',sans-serif;">จำนวนฉบับต่อปี</span></strong><strong><span style="font-family: 'Tahoma',sans-serif;"> (Publication Frequency)</span></strong><strong><br /></strong> <span lang="TH">ฉบับที่</span> 1 <span lang="TH">เดือน มกราคม – มิถุนายน</span> <br /> <span lang="TH">ฉบับที่</span> 2 <span lang="TH">เดือน กรกฎาคม – ธันวาคม</span></p> en-US [email protected] (อาจารย์วรณัฐ บุญเจริญ) [email protected] (ปฐมพงษ์ เมืองขาว) Fri, 22 Mar 2024 10:53:28 +0700 OJS 3.3.0.8 http://blogs.law.harvard.edu/tech/rss 60 Problems in Promoting English Language Learning Skills with the Mission of Student Development (Student Affairs) Undergraduate Degree of Higher Education Institutions in Thai Law https://so06.tci-thaijo.org/index.php/lawcrru/article/view/268422 <p> Student development work (Student Affairs) in Thai higher education is considered the main mission that lies with the mission of education management or the academic work mission of higher education institutions. At present, there is no law directly in the case of student development work (student affairs) combined with education is the main mission of the state that must be provided in the law. Moreover, providing education is considered the main mission of the state that must be provided. In public law, it can be considered a part of public service. In addition, learners need to have duties according to the provisions of the law in receiving education in order to achieve results as provided by the law.</p> <p>Furthermore, English is essential and is also one of the key elements of communication for the modern social world in the 21st century. Therefore, the authors want to know the relevant legal provisions in order to consider the correct and systematic student development work (student affairs) and study and analyze the problems in the development of foreign language skills through student development work (student affairs). This is to achieve the highest objectives of philosophy, concepts, and theories of public law and philosophy, concepts, and theories of education.</p> Pongsapon Mahawat, Thanangkun Khamsri, Chamada Naranwarakul Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/268422 Fri, 22 Mar 2024 00:00:00 +0700 Sustainable Development Model of Food Delivery Business through the Platform in Thailand by the Dimensions of Environment, Social and Corporate Governance https://so06.tci-thaijo.org/index.php/lawcrru/article/view/268789 <p>Sustainable Development is the new normal of business that is essential to today's business operations. The fundamental sustainability issues consist of three key dimensions: environmental, social, and corporate governance. The background to the problem is that the highly competitive nature of this business makes it necessary to seek measures other than the usual profitability, such as competition, trading and marketing techniques alone may not be enough to meet the needs of stakeholders. Sustainable development and the principles of sustainable development are therefore important today. The purpose of this article is to analyze the relationship of environmental operations. Social and Corporate Governance in Food Delivery Business via Platform in Thailand The study found that in order for the food delivery business to develop sustainably, many companies have started to implement company policies that are in the early stages. There are 3 main forms of sustainable development as follows: 1. Environmentally, such as platforms, must try to reduce waste generated by reducing food or beverage boxes that will become negative for the environment. 2. Social aspects such as platforms are treated to employees in the organization to be responsible to consumers and to receive appropriate remuneration. Restaurant partners and riders, in particular, should be treated as employees in the organization. Consumer information is shared and used to further and improve the service. 3. Good corporate governance, good corporate innovation risk management, as well as legal and regulatory management to be correct and fair. It is expected that the food delivery business on Thailand's platform will continue to drive the business on the path of sustainability in line with the sustainable development goals of the international community.</p> Khettai Langkarpint Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/268789 Fri, 22 Mar 2024 00:00:00 +0700 A Study about Principle and Concept of Law from Discourse of Somdet Phra Buddhaghosacariya (P.A.Payutto) https://so06.tci-thaijo.org/index.php/lawcrru/article/view/269137 <p>The study of law in Thai higher education institutions is founded on the study of jurisprudence. However, in recent years, jurisprudence has been increasingly marginalized. Some institutions have made it an elective course, while others have even eliminated it altogether. The content of jurisprudence courses in Thailand typically focuses on Western philosophy, examining the ideas of various thinkers and debating the merits of their theories. Law students often simply memorize these theories just to pass their exams. This article seeks to present the principles and concepts of the law as articulated by the Supreme Patriarch of Thailand, Somdet Phra Buddhaghosacariya (P.A.Payutto), through his Dharma Narratives. These concepts will then be analyzed and compared to Western legal philosophy, opening up a new perspective on the law and providing a foundation for basic legal knowledge.</p> Direk Kounsamakom Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/269137 Fri, 22 Mar 2024 00:00:00 +0700 The Crucial Roles of Teaching Constitutional Law in Higher Education Institutions in Developing Thailand’s Democracy https://so06.tci-thaijo.org/index.php/lawcrru/article/view/269437 <p>The teaching of constitutional law in higher education institutions is an important learning process that helps law students learn about administrative procedures, the rights and freedoms of citizens. This is because the Constitution is a body of basic laws and a main legal framework that establishes the basic structure of the state, the rights and freedoms of the individuals in each nation. Students’ understanding and knowledge of the Constitution is of utmost importance in promoting an in-depth comprehension of the state’s jurisprudence and governance. Thus, students are required to study the origins of basic principles of constitutional law, and the history of the development and changes of the Constitution, and establish judicial order in the state’s government in accordance with the Rule of Law, which determines rules and regulations for living in society.</p> <p>Designing the teaching of constitutional law or the constitution can be done in diverse patterns, for instance, explaining legal principles and theory, creating realistic legal situations, and studying social and legal impacts related to the Constitution. In addition, adapting legal principles to various situations that arise in everyday life, students can apply them in real life and future work.</p> <p>The Constitution of the Kingdom of Thailand B.E. 2560 (2017), we will find that there are important legal provisions that every individual, as a citizen of the country, is required to know to use them to protect their own rights and duties. Therefore, if teaching constitutional law to students of each program are done by higher education institutions, it will deliver and promote the understanding of important contents and principles of the Constitution, which is the supreme law of the Kingdom of Thailand and stipulated to be the basic laws to protect individual rights which will lead to the development of democracy in Thailand correctly and sustainably." </p> Arrisa Rujiravanichavong, Teerapong Nuchaikaew Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/269437 Fri, 22 Mar 2024 00:00:00 +0700 Protection of informal workers, labor groups, food delivery service platforms https://so06.tci-thaijo.org/index.php/lawcrru/article/view/270458 <p>This academic article aims to explain the emergence of food delivery services through platforms in Thailand. Trends in the emergence of new forms of labor, problems, and conditions faced by the growth of platform businesses. Providing welfare for workers in the Thai system and labor protection for food delivery services through service platforms the food delivery platform in Thailand is one of the most popular business platforms and influences consumer behavior. Affecting the rate of increase of workers in the platform system but at the same time, this group of workers faces problems in obtaining legal protection. Promoting welfare and receiving benefits according to general labor standards and obtaining legal status as an employee Although the government has established legal measures to promote labor welfare, But it cannot be forced to cover platform operators to provide labor welfare or protect benefits for platform workers. Therefore, there are suggestions for setting policies both in terms of management and improving legal measures as follows: 1. Improving the law regarding the status of workers outside the platform system 2. Improving the law regarding labor welfare standards 3. Development of information systems and data management for workers outside the platform system. 4. Development of appropriate labor welfare arrangements for platform labor groups</p> Kobkun Kamplod, Pensri Chirinang, Udomvit Chaisakulkiet, Siriporn Yamnil Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/270458 Fri, 22 Mar 2024 00:00:00 +0700 Assessment of water supply on the changing of Land Cover by InVEST model : A case study of Mae-chan watershed https://so06.tci-thaijo.org/index.php/lawcrru/article/view/264625 <p> This research The purpose of this study was to study land cover changes in the Mae Chan River Basin. and to assess the water services of the Mae Chan Basin from land cover changes using the InVEST model. Including to analyze problems and impacts on the community and to suggesting guidelines for Mae Chan River Basin management. By analyzing geographic information system technology. field survey and interviews in the Mae Chan watershed area</p> <p> The research found that the changes in land cover in the Mae Chan watershed in 2021 showed the highest increase in agricultural land, which increased by 14.25 square kilometers from 2001. The largest decrease was found in deciduous forest, which decreased by 26.12 square kilometers from 2001. This resulted in the Mae Chan watershed having the capacity to provide ecosystem services in the area of water provisioning, with a water volume of 966,219,594.47 cubic meters per year, or 1,626,319.30 cubic meters per square kilometer, as analyzed by the InVEST model.</p> <p> The researcher suggests that the implementation of the plans of relevant agencies in collaboration with the community will affect land cover management in the Mae Chan River Basin. And there should be continuous evaluation of water service. Including identifying factors that affect to find solutions in the next step</p> Ithiphat Rueangkitwat, Sasiphat Harnrit, Petsawat Kankam, Tosapon Koschasan Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/264625 Fri, 22 Mar 2024 00:00:00 +0700 Legal problems relating to active euthanasia and criminal liability according to the Thai Penal Code https://so06.tci-thaijo.org/index.php/lawcrru/article/view/264883 <p>This research examines (1) To study the legal issues related to active euthanasia in Thai law. (2) To compare interesting foreign laws concerning active euthanasia. (3)To explore approaches to active euthanasia that are appropriate for the Thai social context.</p> <p>This research found that the strongest argument for passing legislation for active euthanasia is that it could potentially provide an opportunity for those suffering from an incurable and painful condition to end their lives in dignity and peace. In addition, it could also help to reduce the economic burden of providing end-of-life care for those with terminal illnesses. Furthermore, it could also provide those who are terminally ill with the ability to choose when and how they die.</p> <p>On the other hand, there are a number of potential risks associated with passing legislation for active euthanasia. For example, there is the risk of coercion, as those who are terminally ill may feel pressured to end their lives prematurely. There is also the risk of misuse, as assisted suicide and active euthanasia could be used to end the lives of those who are not terminally ill but merely depressed or in pain. Finally, there is the risk of abuse, as some individuals may take advantage of assisted suicide and active euthanasia in order to gain access to the assets of those who are terminally ill.</p> <p>In conclusion, active euthanasia could provide an invaluable opportunity for those suffering from an incurable and painful condition to end their lives in dignity and peace. Therefore, it is clear that legislation for active euthanasia should be passed in order to ensure that individuals have the right to choose when and how they die.</p> Wasin Suwannarat, Phongsak Jehphong, Surinrat Kaewtong Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/264883 Fri, 22 Mar 2024 00:00:00 +0700 Competition on the Merit: Should the State-Owned Enterprises Be subjected under Thai Competition Law? https://so06.tci-thaijo.org/index.php/lawcrru/article/view/266472 <p>This is a qualitative research aiming to study legal difficulites on State-Owned Enterprises (SOEs) under competition laws of Thailand and other jurisdictions, to study benefits and drawbacks of subjecting SOEs under Thai competition law, and to suggest prescription of a notificaiton for SOEs exemption on case-by-case basis which is based on consideration of anti-competitive behavior.</p> <p>The findings of the research indicates that the legal difficulty of Thai competiton law is the “blanket exemption” of SOEs from Thai competition law. This difficulty results direct negative effects to Thai competition regime. The research studies the case of the EU and the US competition law regarding SOEs. It has been found that both jurisdictions do not provide blanket exemption to SOEs but rather adopt targeted exemptions or special treatments based on specific circumstances on case-by-case basis. They also provide clear criteria for such targeted exemptions.</p> <p>The research suggests prescription of a notificaiton for SOEs exemption on case-by-case basis which is based on consideration of anti-competitive behavior by the authority given under Section 17(2) of the Competition Act 2017.</p> Nutt Sukavejworakit Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/266472 Fri, 22 Mar 2024 00:00:00 +0700 The Right to Inheritance of an Illegitimate Father https://so06.tci-thaijo.org/index.php/lawcrru/article/view/266846 <p>This research has the following objectives: (1) To study the concepts, theories, and fundamental principles regarding the inheritance right of illegitimate fathers. (2) To identify legal principles regarding the inheritance right of illegitimate fathers under Thai and foreign laws. (3) To investigate and analyze legal issues on inheritance of illegitimate fathers. (4) To examine and propose modifications to the provisions of the Civil and Commercial Code on Inheritance regulating the inheritance rights of illegitimate fathers. The research utilized a qualitative study method and was conducted using documentary. According to the study, the findings indicated as follows: (1) The right of inheritance is an important principle due to the assets of the deceased will pass on to the heirs whose father is the second legal heir and has the right to inherit. However, a legitimate father is required to inherit the inheritance. Consequently, the illegitimate father has no right to inherit, which would be unfair to such fathers. (2) Although Thailand has legislated the law for the father to inherit the child's inheritance, only the legitimate father has this right; an illegitimate father fails to receive it. According to the study, the Swiss Confederation, Japan, and the United States of America have not enacted legislation allowing illegitimate fathers to inherit their children the United Kingdom have enacted legislation allowing illegitimate fathers to inherit their children. (3) It has been found that Thailand still executes several unjust laws against illegitimate fathers. (4) In order to be appropriate and equitable, deem advisable to modify the provisions of the Civil and Commercial Code so that illegitimate fathers have the right of inheritance.</p> Umaporn Aeso, Arjaree Me-intarakerd Meesidth, Pawinee Praithong Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/266846 Fri, 22 Mar 2024 00:00:00 +0700 Legal measures to protect consumers Study the case of terminating contracts of business operators https://so06.tci-thaijo.org/index.php/lawcrru/article/view/268783 <p>The purposes of this research article are to 1) study the criteria for terminating a contract and the results of terminating a contract according to the Civil and Commercial Code and consumer protection laws. Both according to Thai law and foreign law. 2) Study and analyze problems and obstacles that arise with consumers when they want to exercise their right to cancel the contract.</p> <p>The research results found that The laws of Thailand and Japan do not have specific provisions to directly protect consumers from contract termination by business operators. In England, it is found that there is a regulation directly related to protecting consumers from unfair trading, namely The Consumer Protection from Unfair Trading Regulations 2008 (Amendment 2014) or CPRs, which the said law is consistent with the Unfair Commercial Practices. Directive or UCPD which has stipulated that unfair trade practices are prohibited. By specifying aggressive/proactive commercial practices (Aggressive commercial practices)</p> <p>The researcher opinion on the resolution of the problem is that the criteria and results of contract termination should be revised in accordance with the Consumer Protection Act by issuing additional law giving Contract Committee the power to determine and set the regulation of the contract between the business operator and the consumer in general and clearly specifying that the consumer can express their intention to terminate the contract through varying channel including authorized government agencies. As for the problems and obstacles in terminating the contract The researcher supports the idea of amending Consumer Protection Act to stipulates the prohibition of unfair trade practices, including classification of unfair trade practices causing complication for consumers in terminating contract in which considered to be aggressive/proactive commercial practice.</p> Yuwadee Muntiyakankul Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/268783 Fri, 22 Mar 2024 00:00:00 +0700 Policy Recommendations for narcotics and drug Enforcement in Chiangrai https://so06.tci-thaijo.org/index.php/lawcrru/article/view/269332 <p><a href="#_ftn1" name="_ftnref1"></a></p> <p>Chiang Rai province is one of the major drug source areas in Thailand. Due to its proximity to the borders of Myanmar and Laos, the province is a high-risk area for drug trafficking and abuse. Thai government has long faced the challenge of drug control in Chiang Rai, which is a complex and urgent problem. However, Drug related issues were varied and dependent on the area. Therefore, the policy guidelines that determine the methods of law enforcement operations in each area of ​​the country are different. As for the current drug prevention and suppression policy, it is still a national policy that looks at the overall problem situation. However, there is still a lack of flexibility and authority for law enforcement officials. and adjust the style of performing duties to be in line with the spatial context as appropriate. This study used a qualitative area approach to analyze the drug problem in Chiang Rai from the perspectives of law enforcement officials. The researchers conducted focus group discussions and interviews with officials from various agencies involved in drug prevention and control. The findings of the study revealed that the following policy recommendations are essential for effective drug prevention and control in Chiang Rai 1) Do not exclude offenders from society. Instead, focus on rehabilitation and reintegration. 2) Strengthen the capacity of law enforcement officials and support resources. 3) Establish a rapid, continuous, and integrated intelligence network. 4) Implement effective monitoring and evaluation mechanisms. The findings of this study provide valuable insights for policymakers at the provincial and national levels. The recommendations can be used to adjust strategies and regulations for drug prevention and control to better fit the local context of Chiang Rai.</p> Pitak Sasisuwan Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/269332 Fri, 22 Mar 2024 00:00:00 +0700 Guidelines for Determining Employment Conditions for Mature Age Employees by Being insured with the Social Security or Having Private Health Insurance: A case study of mature age employees of Private University and Private Vocational Institutions in Chiang Mai province. https://so06.tci-thaijo.org/index.php/lawcrru/article/view/269409 <p>The purpose of this research was to study the legal framework of the labor protection law, the social security law and the health insurance law concerning the employment of mature age employees. This research also wanted to find out what mature age employees, employers who are juristic persons, health insurance companies and administrative agencies’ opinions are on terms and conditions of employment, regarding whether or not mature age employees should be eligible for the social security or to be insured with a private health insurance company. The participants were mature age employees of private universities and private vocational education institutions in Chiang Mai province. The research instruments used in collecting the data were documents, questionnaires and group discussions. The data was analyzed, classified and summarized by content analysis. The quantitative data is presented using descriptive statistics. The results of the study revealed that mature age employees are not protected by The Labor Protection Act of 1998 and The Social Security Act of 1990. As a result of that, mature age employees don’t receive the health insurance benefits from the social welfare. In some cases mature age employees are eligible for social security, according to terms and conditions of The Social Security Act of 1990. Mature age employees have to pay contributions in full. If mature age employees are required to buy private health insurance, the insurance premium is often too high for the employees to afford. The study has also found that mature age employees prefer using government social welfare benefits for the National Health Insurance to being insured by social security or getting private health insurance.</p> <p>Therefore, this research would recommend that mature age employees should be protected by The Labor Protection of 1998. In addition, The Social Security Act of 1990 should be amended to allow mature age employees to be insured and the contributions would be paid by the employers and the government. There should be a special law to control the rates of the insurance premium.</p> Surachai Dechpong, Chutipong Somsap Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/269409 Fri, 22 Mar 2024 00:00:00 +0700 Capacity and Empowerment for income Gap Reduction of Laingao subdistrict Community Enterprise Pomelo Exports, Wiankaen district, Chiang Rai https://so06.tci-thaijo.org/index.php/lawcrru/article/view/270178 <p>The objective of this research is to 1. enhance the spatial distribution capabilities of pomelo cultivation for the community enterprise group of pomelo exporters from Laingao Subdistrict, Wiang Kaen District, Chiang Rai Province. 2. Study legal measures and develop agreements to mitigate trade disparities for the community enterprise group of pomelo exporters from Laingao Subdistrict. 3. Investigate new business models and risk management strategies aimed at reducing income disparities for the community enterprise group of pomelo exporters from Laingao Subdistrict. And 4. develop an online database for the community enterprise group of pomelo exporters from Laingao Subdistrict, Wiang Kaen District, Chiang Rai Province, with the purpose of resolving income disparity issues among group members, This research employs a mixed-methods approach, integrating qualitative research with participatory action research. It includes data analysis from document reviews, group discussions, in-depth interviews, and participatory action research, as well as spatial research techniques that use Geographic Information System tools, and delineate pomelo cultivation areas and boundaries on satellite maps.</p> <p>As a result of this research, an agreement has been drafted among members, outlining the conditions for pomelo cultivation within the enterprise group. Additionally, a map of pomelo cultivation areas in Laingao Subdistrict has been created to better comprehend the potential of cultivating standard in compliance with the agreement. Furthermore, standards for each pomelo species to be exported under the enterprise group's name have been established. New trading formats have been introduced, including direct sales channels to buyers through online platforms. Moreover, product processing, Pomelo Syrup, has been initiated particularly for pomelos that do not meet requirements or exceed market demand. Basic information about the enterprise group, as well as members of the group, has been produced in an online manner utilizing the Wix app.</p> Suraphi Phothisarat, Pattareepan Pantu, Nattida Jumpa, Yuthasin Chumanee, Sunida Tiwong Copyright (c) 2024 CRRU Law, Political Science and Social Science Journal https://so06.tci-thaijo.org/index.php/lawcrru/article/view/270178 Fri, 22 Mar 2024 00:00:00 +0700