Rangsit Journal of Law and Society

UNIFICATION OF THAI COMPANY LAW INTO A SINGLE COMPANY ACT B.E. ….

2025-04-22T12:23:44+07:00

This academic article aims to examine the historical development and current structure of Thai company law by analyzing two primary corporate forms: private limited companies and public limited companies. It explores the possibility and feasibility of consolidating Thai company law into a single codified legal framework. At present, company law in Thailand is fragmented across multiple legal instruments, including the Civil and Commercial Code (Book III, Title XXII: Partnerships and Companies), the Public Limited Companies Act B.E. 2535 (1992), and a draft Sole Proprietorship Bill, which may be reintroduced for parliamentary consideration. This study assesses the legal implications, structural consistency, and practical feasibility of merging these sources into one unified statute. To contextualize the proposal, the article examines the company law models of three jurisdictions: the United States and the United Kingdom, both representatives of the common law tradition, and Japan, a prominent example of the civil law system. The comparative analysis focuses on legislative design, codification style, and the conceptual foundations of corporate law within each system. Notably, both the U.K. Companies Act and Japanese company law have undergone modern reforms to achieve greater legal coherence and efficiency. These models provide valuable reference points for possible reform of Thai company law.

The study finds that discussions on the unification of company law in Thailand date back to 1973, when there was an effort to revise the Civil and Commercial Code to distinguish clearly between private and public companies. However, due to technical legal reasons and political considerations, public limited companies were instead regulated under a separate statute—the Public Limited Companies Act B.E. 2521 (1978), which was later replaced by the current 1992 version. Based on the comparative study and historical review, this article concludes by recommending the development of a comprehensive and unified Company Act. Such a reform would not only enhance legal certainty and administrative efficiency but also align Thai corporate regulation with international legislative trends.

GUIDELINES FOR THE USE OF MEDIATION TO RESOLVE DISPUTES IN SOLVING THE PROBLEM OF THE OMBUDSMAN'S STUDY

2025-03-07T16:15:09+07:00

This study report the objective is to study the dispute mediation process for use in solving complaints from the Ombudsman, which consists of procedures and methods for mediating disputes and using the results of mediation in resolving complaints from the Ombudsman. Comparative study of important agencies before filing a lawsuit and after filing a lawsuit with the court. in order to get the appropriate guidelines for using the dispute mediation process to resolve complaints from the Ombudsman.

Studies have shown that mediation is a popular dispute resolution option. Widely used nowadays, whether it be mediation of disputes before and after filing a lawsuit, both civil cases, criminal cases, and administrative cases. Government agencies have introduced mediation in disputes by law. Steps and procedures clearly defined There is also a central law, the Dispute Mediation Act 2019, that government agencies use as criteria for mediating disputes. For the Ombudsman, the main role and duty is to receive complaints. Consider and resolve complaints, and there were a number of complaints. It is quite necessary to use the method of mediation to solve the complaint. However, since the Ombudsman has not yet issued regulations and laid down criteria and guidelines for dealing with this matter, therefore The researcher therefore studied related laws and regulations. Including procedures and formats for mediating disputes. that government agencies have adopted and implemented, which turned out to be appropriate in solving the problem Complaints from the Ombudsman, and it is appropriate to issue regulations and lay down rules and guidelines regarding Mediation of disputes is clear and concrete and can be used to resolve complaints through mediation according to the specified criteria. This makes the Ombudsman's resolution of complaints faster and more efficient. It promotes reconciliation between government agencies and government officials and complainants and sustainable benefits.

THE IMPACTS OF ADDRESSING ILLEGAL, UNREPORTED AND UNREGULATED FISHING: A CASE STUDY OF FISHING COMMUNITIES AT LAEM SING DISTRICT IN CHANTHABURI PROVINCE

2025-05-30T14:36:52+07:00

This study aims to examine the impacts of law enforcement on the fishing communities in Laem Sing District, Chanthaburi Province, and to propose recommendations for improving legislation related to illegal, unreported, and unregulated (IUU) fishing. A qualitative research methodology was employed, involving documentary research from books, theses, and academic articles, and field data collection through in-depth interviews with local fishermen in the affected areas.

The findings reveal that enforcing fisheries laws has led to challenges in the practices of both local fishermen and relevant government officials. These issues stem from the strict enforcement, lack of clarity, and complexity of the legal provisions, which are often misaligned with fishermen's traditional knowledge and livelihoods in different areas. As a result, many fishermen have found themselves in a state of hardship and collapse. At the same time, the government has failed to implement adequate measures to support, assist, or provide fair compensation to those affected. The study recommends the development of an appropriate National Action Plan to prevent and deter illegal, unreported, and unregulated (IUU) fishing at the regional and national levels, as a pathway toward sustainable fisheries. Furthermore, it emphasizes the need for effective measures to address the impacts on Thai fishermen's livelihoods, occupations, and overall well-being fairly and equitably.

ADMISSIBILITY OF EXTRINSIC WITNESSES AND EVIDENCES IN CRIMINAL CASES

2025-03-07T16:12:23+07:00

There are two major systems of law in the world, namely common law and civil law. Common law adheres to the adversarial system as its law on witnesses and evidence. Civil law subscribes to the inquisitorial system as its law on witnesses and evidences.

According to the adversary system, a plaintiff has to charge and prove that a defendant is guilty, and the defendant has to defend and prove that he is not guilty. The parties to the dispute must bring their own respective witnesses and evidences to prove their charge and defence. This must be done under rigid legal procedures. A court shall oversee whether the procedures are respected, but shall not intervene in the procedures. As to the inquisitorial system, the court shall not merely oversee whether the procedures are respected, but shall also intervene in the procedures in order to inquire into the truth of the case. The court can consider both intrinsic witnesses and evidences and extrinsic witnesses and evidences.

Although Thailand is a civil law state, its law on witnesses and evidences is a mixture of both civil law and common law. Thai courts have power to inquire witnesses and evidences to verify the truth of the case. Factual analysis in cases require evidence and witness. Hearing of evidence and witness is screening to prove that the defendant is guilty or innocent. A qualitative study showed that the evidence hearing in Thai cases was based on discretion, while the hearing of extrinsic witnesses and evidence would be based on laws. The meaning of the “extrinsic witnesses and evidence” meant the evidence or witness not admitted into the case per the evidence hearing legal principles. This kind of evidence is rather dangerous as the court might have prejudice against the evidence that is not examined. Thus, the party will be unable to refute the facts arising out of the evidence, but it should not be simply dismissed and instead should be used in conjunction with other evidence for more weight or as leads to other evidence to clarify the case or determine the appropriate penalty against the defendant.

Therefore, this dissertation posits whether the Thai courts should exercise their inquisitorial power more in order to verify the truth of the case in the interest of justice. There should be a clear definition in the Thai witness laws about which type of extrinsic witnesses and evidence that could be admitted, with some consideration about proving value of extrinsic witnesses and evidence of each type, as well as the hearing process to prove the case. The principle of audi alterem partem should be used along with the principle of hearing the extrinsic witnesses and evidence.

THE ROLE OF THE LAW IN PROMOTING ECOTOURISM: A CASE STUDY OF KHAO SIP HA CHAN NATIONAL PARK, KHUN SONG SUBDISTRICT, KAENG HANG MAEO DISTRICT, CHANTHABURI PROVINCE

2025-05-08T16:40:16+07:00

This study examines the significance of legal measures related to ecotourism by exploring relevant laws' concepts, theories, and principles to understand the legal framework and methods for promoting sustainable tourism. Furthermore, it investigates legal challenges associated with law enforcement in national parks to identify possible improvements and development approaches.

The assessment of the impact of infrastructure development in national parks and conservation areas reveals that, without proper regulation, such development can negatively affect ecosystems and natural resources—for example, by destroying wildlife habitats and causing pollution from tourism activities. Key issues that require resolution include the ineffective enforcement of environmental laws, which continues to allow the degradation of natural resources. The application of modern technology and community participation can enhance law enforcement efficiency. The lack of community involvement in decision-making and natural resource management must also be addressed to foster greater responsibility in conservation efforts. In addition, infrastructure development must be strictly regulated to avoid environmental damage. Technology-based monitoring and collaboration with local communities will help maintain ecological balance. Thus, legal reform and integration of surveillance technologies are crucial for effective and sustainable natural resource conservation.

This study’s recommendations include increasing the number of qualified personnel for inspection and monitoring, adopting modern technologies for surveillance, raising budgets for equipment and tools, updating laws to reflect current realities, and promoting local community participation in resource conservation.