วิเชียร พรมพันธุ์ = Wichian Phromphan. การดำเนินคดีสิ่งแวดล้อมในทางแพ่งที่เกี่ยวกับทรัพยากรธรรมชาติของรัฐ โดยพนักงานอัยการ = Procedure of Civil Environmental Case on the Public Resources by State Attroney. ปริญญาโท(นิติศาสตร์). มหาวิทยาลัยรามคำแหง.สำนักหอสมุดกลาง. : , 2545.
การดำเนินคดีสิ่งแวดล้อมในทางแพ่งที่เกี่ยวกับทรัพยากรธรรมชาติของรัฐ โดยพนักงานอัยการ = Procedure of Civil Environmental Case on the Public Resources by State Attroney
Abstract:
This research has an objective to study the illegal case on the environment according to the lawsuit which the state attorney has managed on as a special case. There has been a damage on water resource as a natural resource of the nation.The research has revealed that there have been sonic obstacles in the management of the state attorney on the illegal ease of water resource damage which related to various departments. One of the problems is state Attorney has itself less authority to manage on the illegal case. There is no law to permit directly to get rid of wrongdoer of the damage of water resource. The state attorney has to obtain the claim from another authority about this illegal case, and then state attorney will follow and pursuit the law as a method to perform the case as a civil case. On the other hand, public participation, adequate evidence, significant data or infomntion have also been obstacles in this case. Moreover, there is no incentive movement to motivate people for participation. And there is no an expert or specialist in this case in the government's authorities.This research has introduced to create new measurement or law article 97 for preventing water resource damage. According to the previous act of national environment in 1992 (B. E. 2535), there must be changed to if anyone who has done any damage to the natural resource even with intention or not intention or anyone who has been responsible for the natural resource hut abstain from the action of preventing damage. They has to pay all compensation to the government and has to receive a prosecution according to the law.Besides, there should be more power to state attorney to manage on the lawsuit. And there nmst me a new sophisticated law for this matter. Also, there should be incentive process to motivate the publics in order to participate in the environment's protection. The incentives may be provided, such as, giving reward to the people, reducing taxes to the people and so on. Eventually, there may be "ncutal organization" for environmental protection. This is the same concept of E.P.A. (Environmental Protection Agency) as occurred in foreign countries.