Abstract:
The Administrative Court has a jurisdiction to hear the "administrative cases" which arising from the dispute between the administrative agencies or the public officials and the individuals or among the administrative agencies themselves. Since the establishment of the newly opening Thai Administrative Court as a dual system of court, Thai people have brought many cases to the court for trial but there are still a number of cases which the court has refused to admit the complaint for hearing.From the analytical study of the orders of the Administrative Courts in admitting or refusal the complaint filed to the court, it is found that there are some majors problems about the jurisdiction of the court and its procedure as follow:1. There is no provision of law providing the cases involve government of acts and criminal process are under the jurisdiction of the Administrative Court There are only the concepts from the legal theories adopted from foreign countries denying the power of the Court to hear such cases but some people still bringing these kind of cases to the Court.2. The legal effects from the decision n 24/2543 of the Constitutional Court ruling that the Administrative Court has no power to control or check the legality of theadministrative action of the Independent Regulatory bodies such as the Election Commission, having the conflict against the concept and academic theories of administrative law in controlling and checking the administrative action.3. Although the State enterprise established by on Act or Royal Decree is one the government agencies but there is no law giving the power to the Administrative Court to check the legality of such government enterprise's acts. Except that an agency entrusted to exercise the administrative or carry out administrative acts. So making the checking of the State enterprise acts much narrower than that provided in the from work of the constitution.4. Although the discretions of the administrative agencies are within the jurisdiction of Administrative Court but there are some problems about the lack of measures, legal theories and laws in checking these discretions.5. As to the dispute in relation to the wrongful act of the administrative agencies or State officials but not arising from administrative acts which required the consideration of many laws without one clear definition. Making the diversity in the interpretation of law.6. As to the dispute in relation to the contract but not the administrative contract which is under the jurisdiction of the court. The definition of the administrative contract is very broad so the Administrative Court must lay down the precedent of what is or what is not an administrative contract.7. Some administrative cases having the laws provided to be in the jurisdiction of the other courts e.g., labour court, tax court, juvenile and family court etc., but some of these cases also be in the jurisdiction of the Administrative Court. Making the problems of overlapping jurisdiction.Although in the recent times the Administrative Court by the approval of general assembly of judges of the Supreme Administrative Courts have laid down the rules and principles to enable the parties to undertake the proceeding of the court such as theprinciples to consider what is an administrative contract or what is in the criminal process, the right and status of the complainant, the prescription of claims etc., but there arc still some problems about the jurisdiction of Administrative Court.Et is of opinion that Thailand lack of the general principles of administrative law to use as general rules to consider whether the acts are administrative acts or not. In addition, there is some limitation of the organization under the jurisdiction of the Administration Court such as the state is not a juristic person according the administrative law. The principles of public laws applicable by the Administrative Court need to be developed. It is suggest that Thailand should have the Code of Administrative Justice in order to compile all proceedings of the general principle of administrative law such as administrative procedure act, administrative juristic act, administrative contract act, and a wrongful administrative act etc., and administrative court procedure and the jurisdiction of the Administrative Courts rather than having them spread in the different laws as they are at present.