Analysis the Problems of Provisions under ACT of Liability for a Wrongful ACT of The Officeials B.E. 2539 and Regulation of The Office of Prime Minister on The Performing Rule Relating to Liability for a Wrongful ACT of the Officials B.E. 2539

Abstract

The objective of this research is to prepare a model law on tort liability of officials and compensation. which research methods are qualitative research Contains document research in-depth interview and listening to opinions to collect and analyze information from people with legal knowledge regarding tort liability of officials, academics, and public lawyers.

The results of the study found that there are causes of problems and obstacles in the application of the Act of Liability for a Wrongful Act of the Officials B.E. 2539 (1996) and the Regulation of the Office of Prime Minister on the Performing Rule relating to Liability for a Wrongful Act of the Officials B.E. 2539 (1996) cause problems in the performance of duties of officials. In practice, for example, the problem that there does not appear to be a definition of the word “gross negligence” problem the lack of a definition of the word “government agencies” problems of officials committing violations in the performance of their duties and not in the performance of their duties The problem of limiting the rights of victims to file lawsuits problems regarding the statute of limitations on the right to claim compensation from government agencies in cases where officials commit violations in the performance of their duties. Problems of serious misconduct by officials or any problems with officials taking action which is serious misconduct these problems limit the use of discretion and judgment by officials. The authority to determine officials' tort liability lacks clear criteria. In order to compensate the officials who committed the violation, from this research, a model legal framework has been prepared regarding tort liability of officials and the process for compensating officials. In order to be able to solve various problems that arise effectively.

Suggestions for this research Therefore, it is recommended to repeal the Act of Liability for a Wrongful Act of the Officials B.E. 2539 (1996) and the Regulations of the Office of Prime Minister on the Performing Rule relating to Liability for a Wrongful Act of the Officials B.E. 2539 (1996) and bring the draft to the drafting of a model law with due consideration. Accepting tort liability of officials and making officials pay compensation B.E. .... which helps resolve the problems that arise to provide more clarity in enforcing the law on tort liability. and also creating insurance and create fairness according to the intent of the law to officials Government agencies, victims, which will have a positive impact on administrative operations, resulting in greater results, results, and efficiency.