The Role of Prosecutor’s Organization in Environmental Administrative Public Interest Litigation——A Comparative Study of Thailand and Chinese Legal Systems

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Abstract

The results of the study indicate that, under the "Act on Establishment of Administrative Courts and Administrative Court Procedures (B.E. 2542)" and the "President of the Supreme Administrative Court's Recommendations on Environmental Administrative Litigation" dated June 29, 2011, the status of the Public Prosecutor’s Organization in initiating administrative case remains undefined. In addition, the "Prosecutor and Prosecutor Organization Act (B.E. 2553)" stipulates that the prosecution has the responsibility to help high-ranking government officials or officers who are accused. The organization does not have the authority to sue government agencies to compel them to comply with the law on their own accord. As a result, the public is required to file administrative cases on their own, which may hinder its ability to enforce the law efficiently and effectively. This situation does not align with the prosecutor's mission and duty to protect the rights and freedoms of the people. In comparison, the legal framework in China provides a distinctive model for protecting public interests through the administrative public interest litigation system led by the Public Prosecutor’s Organization. This system embodies unique features of oversight and good governance. The law grants prosecutors the authority to scrutinize the activities of government agencies to ensure they are conducted accurately, appropriately, and in accordance with the law. If an administrative agency fails to fulfill its duties upon receiving a prosecutorial recommendation, the People's Procuratorate is empowered to initiate legal action in the People's Court.

Therefore, to strengthen the role of the Thailand Public Prosecutor’s Organization in upholding social justice, promoting legal fairness, and protecting the rights of citizens, the author sees that clear legal provisions should be established to define the prosecutorial standing in litigation. And improve the mechanisms and powers of the Public Prosecutor's Organization in representing citizens in litigation.