Abstract:
Present Thailand has special direct environmental court. The first is the Administrative Court (Administrative Environmental Investigation Agency) adjudications that be affect to protect natural resources and environment which uses the inquisitorial system to seek facts an evidence. The second one is The Court of Justice (Court of Justice the Environmental Investigation Agency) which uses accusatorial system. Which can be directly judge and proceed the legal process. Thailand has never had before. The cases related to environment are the subject of public interest which impact the public did not only the parties and may impact in damage to environment and ecosystems of the world. Some environmental problems may not be considered the evidence from only witnesses or documents but that is to prove by themselves or prove by experts scientifically, Such as water pollution problems, odors problems, etc. As a result, that is the state should take into consideration the public interest and national security rather than the interests of individuals. The trial in proving the innocence and guilt of accused on environment case in the High Court of Justice, that should not be suspicions on the innocence and guilt of accused which suspect of the public. So that, we should be pursuit facts of the environmental case which uses the inquisitorial system in the trial of environment case of Justice instead of accusatorial system currently in use. However, In order to the interest of overall society as a public interest. And at the same, also provide fairness to the individual according to the spirit of environmental laws. ""