ANALYSIS OF THE PROBLEM OF LAW ENFORCEMENT ON ANTI-CORRUPTION IN THAILAND THROUGH LEGAL PHILOSOPHY: A CASE STUDY OF THE CRIMINAL CODE

Abstract

          This study has two objectives: 1. To study whether the essence or true substance of various sections of the Criminal Code concerning the prevention and suppression of corruption, in the concepts/theories of legal philosophy, is truly law, in what form, and why its enforcement is not as effective as it should be. 2. To help find a way to solve the problem of law enforcement on anti-corruption to be more effective by Documents Research method with a legal philosophy framework. First, it was found that the content or provisions used as the text of the criminal law on corruption (e.g. Section 143, Section 144, Section 148, Section 149, Section 200, and Section 201, etc.) are the true essence or substance of the law according to the Legal Positivism that considers the law to be the orders or regulations of the sovereign based on the principle of utilitarianism. Second, it was found that the reason why the criminal law on corruption is not very effective is because the issue of the true essence or substance of the law has little reason. Most of it is bias, such as patronage traditions, which have different and dominant opinions. (in a good or bad way) with a framework of messages, ideas, knowledge, beliefs and truths in various forms such as scientific, religious, educational, social, economic and political systems. In order to the law to be effective, the patronage system concept should be reduced and the merit system concept and the rule of law in which the law is truly supreme and justice should be increased.