Abstract:
The research aims at studying and analyzing the problems and impediments of the civil proceedings in environmental cases in court of justice under Civil Procedure Code, Civil and Commercial Code, and the Enhancement and Conversation of National Environmental Quality Act. B.E. 2535 (A.D. 1992). The answers to such study and analysis will serve as guidances to help improving the situation by means of amending the law on civil proceedings in environmental cases in court of justice to be more efficient, suitable, and useful in the proceedings of the cases, as well as to protect the benefits of the injured party with regard to the civil compensation in environmental cases, and to safeguard the natural resource and environment. The study found that the Thai civil proceedings on evidence in environmental cases in court of justice at present have not been efficient. Rather, they have become impediments to the proceedings in court of justice. The reason is that the environmental cases have been complicated and most of them required technological science to prove the guilt of the accused. Some identifications of evidence need a plenty of time, as well as a lot of expenses because they are usually operated in labs. Furthermore, it is quite difficult for an injured party to find the evidence for supporting his or her case as the impact and damage on the environment in some cases takes of lot of time to manifest. Besides, many point sources are the industrial or agricultural factories the operation of which are not open to the public. This brings about disadvantages to the plaintiff. To resolve this problem, this thesis suggests that the proceedings of the evidence in environmental cases in court of justice be revised by switching the burden of proof. In so doing, the defendant will have a duty to prove the polluting incident was not caused by his or her activities. The thesis also suggests that the court have a role to seek evidence; and that there should be the court's expert witness for the neutrality in adjudicating the cases; and the court proceedings be reformed towards the inquisitorial system.