ความรับผิดชอบของรัฐโดยปราศจากความผิด : ศึกษาเปรียบเทียบกฎหมายฝรั่งเศสกับกฎหมายไทย / ฉันทิกา กุลธำรงค์ = State responsibility without fault : comparative study on French and Thai law / Chantika Kulthamrong
This thesis has studied about the principle of the state responsibility without fault. The principle is based on a concept that if any state activities without fault cause any damages to a person and the victim has to suffer such damages by his own burden, it will be unfair. The state should, therefore, take a responsibility to redress the injury. In French law system, the principle of the state responsibility without fault has been developed from the theory of risk and the principle of failure on equality before public burdens and has applied broadly. Several legislations have provided this principle and the French Administrative Court has also played an important role by applying this principle to the cases. Whereas in Thai law system, even though there are some legal provisions provided state responsibility without fault, the development of this principle is still limited. Although the Act on Establishment of Administrative court and Administrative Court Procedure B.E. 2542 (1999) has provided that the Administrative court has a jurisdiction on other liabilities, which means the way to advance this legal principle, the Thai Administrative Court has still not applied this principle to the cases. Furthermore, there have been the problem of uncertain jurisdiction on such cases and the problem of the rules and conditions of the redress of injury, which are different as the case may be. In conclusion, this thesis has suggested that the principle of the state responsibility without fault in Thai law system should develop rationally. This has included the scope of such cases under this principle, the certain jurisdiction of the Administrative Court, and the means of the redress of injury. To achieve the suggestion, some legislation should be enacted or amended and, the Administrative Court should take more active role on applying this legal principle to the Administrative Court case.
