Abstract:
This research has an intention to study the process and procedure of the court in criterion or procedure of injunctive relief before judgment of environmental case which is suitable for trial of Thailands environmental case. The study found that judicial proceedings of Thailands environmental case is quite slow and not compliance with the real problem. Due to the environmental case has relation to some knowledge such as sciences, social sciences, economics etc. Moreover, person who has duty of proceedings environmental case is still lack of expertise that make the courts injunctive relief order may not effectively protect people and environment in time. The result of this research has presented the legislation of injunctive relief before judgment as one chapter in the act of environmental case procedure. In brief, the law should be enacted in order to give an opportunity for person who sustain or may sustain from damage to file a request for injunctive relief to the court before institute main case to the court. After the court issued an injunctive relief order, such person shall institute a case to the court within 60 days after the date that the court issued an order. In case of not submitting a case within mentioned date, it shall be deemed that the injunctive relief order is ineffectiveness. Nevertheless, such request shall demonstrate evidence which may give reason to the court that if there is no injunctive relief, the damage may occur. However, it is discretion of the court to issue an order immediately without inquisition. Furthermore, for rapidity and justice, the law should grant authority to the court for issuing injunctive relief order to person who violate the law and shall set the estimated time for the court to issue injunctive relief order. When the court issued injunctive relief order, person who not comply with such order shall be penalty and shall give opportunity for person who expert in environment to collaborate in proceedings of environmental case.