THE LEGAL PROBLEM AND OBSTACLE RELATING TO THE HEARING IN COUNTING OF TIME PERIOD IN ADMINISTRATIVE CASE LAWSUIT

Abstract

            This article studied legal difficulties related to administrative cases filing period as specified in the Act on Establishment of Administrative Courts and Administrative Courts Procedures, B.E. 1999, which was for filing all administrative cases as follows: 1) to study the legal principles concerning status and rules in administrative cases and the administrative authorities regarding determination periods, 2) to analyze legal difficulties regarding administrative lawsuits and the jurisdiction's administrative court regarding the administration's determination, and 3) to obtain conclusions and recommendations on trial duration-classifying and cases duration for administrative cases. The results showed that there is not a law to expedite court proceedings in litigation regarding the counting period. Regulations relating to administrative proceedings and the Court's jurisdiction do not allow for shortening or extension in proceedings time limit. Therefore, the Administrative proceedings in specific laws need to guide administrative cases and the Civil Procedure Code in the judicial proceedings. The Act establishing the Administrative Court and the Administrative Court Procedure, B.E. 1999, which is the primary law in the judicial administration, will adopt the principle of filling the gap. The application of the Civil Procedure Code shall not be able to do so. Because it violates the law principles, the Administrative Court is an inquisition system, but it applies in an accusation system. When seeking evidence or the litigation process is different in content and trial methods, the plaintiff's knowledge or should know the cause of the lawsuit as a basis for receiving the complaint in the administrative contract, including the request to shorten or extend the appeal period under the Administrative Court Establishment and Administrative Procedure Act B.E.