The Application of The Liability in The Proceedings of The Administrative Courts Under Section9, Paragraph One (3) of The Act on Establishment of Administrative Courts and Administrative Courts Procedure B.E.2542 (1999): Definitions of Other Liability.

Abstract

The research aimed to study the reasons and solutions to the problems of the court did not apply other liability to the proceedings adjudication of other liability dispute under section 9, paragraph one (3) of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E.2542(1999).It was documentary research by qualitative research method, collected information from the code of laws, textbooks, academic works, rulings, and verdicts of the administrative courts. The study found that (1) Principles of liability is the liability that the law stipulates that administrative agencies or government officials must be liable. Such liability is not a tort or contractual liability. In addition, the chief of the administrative court of the first instance was not authorized to consider whether the dispute was an act of tort or other liability on the fact of a similar case. Unlike the Supreme Administrative Court, which the President of the Supreme Administrative Court has authorized to consider administrative proceedings adjudication in tort cases and other liability. and (2) Since the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E.2542 (1999) did not legislate the definition of other liability. This results in the misconceptions of ruling the law to the facts of the case. Legislation on the definitions of other liability would help dissolve the misconceptions about making decisions consistent with the spirit of the law.