The Conflict of Interests: A Case Study of Section 126 of The Organic Act on Prevention and Suppression Corruption, B.E. 2561 (2018)

Abstract

This research consists purposes were 1. to study the concepts, theories, principles and background of conflict of Interests, 2. to study the provisions of the laws of Thailand and foreign countries regarding conflicts of interests, 3. to comparatively analyze the laws of Thailand and foreign countries regarding conflict of Interests and 4. to find ways to improve and amend the law on conflicts of interests. This research is a qualitative research, will study from various documents related are the provisions of the laws of Thailand. Relevant foreign laws, books, textbooks, academic documents, theses, research papers, articles, court rulings. legal opinion and electronic information including information from the Internet network Then use the information obtained from the collection of various documents related to the content analysis. The results of this Independent Study show that: 1) Concepts, theories, principles and backgrounds concerning the conflict between personal and public interests, conflict theory between personal and public interests. Concepts and theories about the use of state power to restrict rights and freedoms 2) Thailand has an Organic Act on the Prevention and Suppression of Corruption B.E. 2561. The UK has it in the Ministerial Standards of Conduct. Canada appears in the Conflict of Interest Act. 2006 and the United States of America appears in the United States Code. and the Public Sector Ethics Act of 1978 3) Comparison of laws in Thailand and other countries regarding Conflict between individual interests and common interests. There are also many differences, such as the absence of definitions and problems in interpreting the words. or the determination of the presumption that state officials must be guilty and receive criminal penalties for the actions of their spouses, even though they are not acts of state officials, etc. and 4) Guidelines for improving the law on conflicts of interest between personal and public interests, it was found that the Organic Act on Anti-Corruption B.E. 2563 to be clearer and more comprehensive.