The Problem of being the Damaged Person in the Environmental Case.

Abstract

The purposes of this research were 1. To study and research theories, principles and concepts about victims in environmental cases 2. To study and compare the laws relating to the environment under the law in Thailand. And foreign law In the case of a victim in an environmental case and 3. To study and analyze the victim in environmental cases It is qualitative research by collecting information from various related documents. Then the data analyzed in content (Content Analysis). The findings were as follows: 1) from the study of theories, principles and concepts about victims of environmental cases. In Thailand, the concept of environmental rights is evident in the 2017 Constitution of the Kingdom of Thailand, which has adopted the concept of environmental rights in Chapter 3: Rights and Liberties of the Thai People, Section 43 2) Which constitutes to certify that A person and a community shall have the right to manage, maintain and make use of natural resources, environment and biodiversity in a balanced and sustainable manner in accordance with the law. Environmental rights are the basic human rights that the state wants to recognize and protect. 2) Compare the laws in Thailand and foreign laws. Making it known that the person is the victim According to Thai law, it is only stated that Who will be the victim Is the person who has been endangered to life to the body or health or the person who has suffered property damage only and 3) the victim in the environmental case There was no need for damage to appear. But includes the expected damage or likely to cause damage as well.