Abstract:
The cases involving a dispute on tort libility of the administration in official duties, that have the principle following a act on liability for Wrongful Act of Official B.E. 2539 do provide many ways of the remedies with a compensation or make recourse action in trangular relation between the administration agency with private sector or administrative agency with state official, such as victims to claim directly for the compensation form administration agency, bring legal action to the court or ordering the payment as administrative order, and once the administrative court is established, some cases could be within the jurisdiction of the Administrative Court. Now however, the Act on Establishment of Administrative Courts and Administrative Court procedure B.E. 2542 establish the Administrative Courts, which shall be the limit competence to rry and adjudicate following the matters about tort liability of the administration under sector 9 paragraph one [3] "the cases invloving a dispute in relation to a worngful act or the order liability of the Administration agency or the state official arising from the exercise of power law or form a by-law, administrative order or other order, or form the neglect of official duties require by the law to be performed or the performance of such duties with resonable delay" ; beside this cases involving tort liability are not within this act are under the jurisdiction of Court of justice. Therefore, the principle in Act on Liability for Worngful Act of Official B.E. 2539 are not appropriate and hermonious with the jurisdiction of the Administrative Court and those cause the problem about the conflict of jurisdiction. The author would like to amend and insert the transitory provision to enable the Act on Liability for Wrongful Act of Official B.E. 2539 in sector 12 thus; Paragraph two "The Administration agency shall appoint investigatory committee, if it arising from the exercise of power undet the law or from a by-law, administrative order or other order, or from the neglect of official duties require by the law to be performed or the performance of such duties with reasonable delay, Administration agency ordering administrative order for the compensation. If, investigating are not following matters under paragraph two the Administration agency make notice for it, but state office are omitted to payment, bring action to the Court of justice. In transitory provision sector 106 of Act on Establishment of Sdministrative Courts and Administrative Court procedure B.E.2542. "The right to lodge a complain to the Petition Council under section 11 and ordering administrative order or notice for compensation under sector 12 of the Act on Liability for Wrongful Act of Official B.E. 2539 in respect of the cases not within the jurisdiction of the Administrative Court under this Act shall be deemed to be the ringt to file a case with a Court of Justice.