Abstract:
This research study comprises of combined legal qualitative research
methodology with political science documentary research and a quantitative
research that involve field research, in-depth interview and the use of questionnaires.
It also consists of seminars to listen to the views of 2 sample groups; monks and
laypersons. The collected information shall support the content analysis with the
objective to examine the legal status of temples that have not been granted
Visungamasima, and monasteries, as well as, identify the obstacles in order to
propose appropriate measures related to the legal status of temples that have not
been granted Visungamasima and the Residence of Monk.
The research will elaborate on the status of a Buddhist temple as a juristic
person as initiated and resulted from Section 31 of the Sangha Act of B.E. 2505
(1962), amended in B.E. 2535 (1992) which regulates that a (1) temple has to be
granted Visungamasima, (2) Residence of Monk, and can become a juristic person
according to paragraph 2. The status of a Buddhist temple is a juristic person
according to public law which distinct with a juristic person under private law. The
distinction is the set-up and termination of a juristic person according to the law.
According to the public law, it refers to the administration of the temple, the
unequal relationship between other juristic persons and the objective of the public
or public benefits.
The issues related to the status of juristic person of the temple and the
Residence of Monk came from a common consensus among government entities,
relevant agencies and the monasteries who were in the same view that the meaning
that a temple with the juristic person status shall mean that the Temple has been
granted Visungamasima and the Residence of Monk. This is in consistence with the
judgment of the Supreme Court which had ruled that the Temple or the Residence
of Monk, although not granted Visungamasima or monasteries but when granted
permission it will become a juristic person. However, in B.E. 2554, Supreme Court
judgment 6065/2554 returned its verdict on the status of the temple and decided
that a temple can become a juristic person only if it has been granted
Visungamasima. This has affected and caused damages to the rights, duties, juristic
acts, litigation and ownership of various assets.
The research also concluded that the criterion for building a temple is
originally based on Buddhist principles and customary. Once the law determines the
legal status of the temple, it can be expected that inconsistency of certain practices
and legislation will occur. Granting Visungamasima is a customary act where His
Majesty the King gives royal granting for certain land to be use for consortium; it
detach part of the house from the temple which is a form of relation between the
kingdom and the monasteries to support and promote Buddhist harmony. Setting-up
the condition for a temple to become a juristic person only by obtaining royal
Visungamasima pushes the administrative burden or the use of administrative
authority to His Majesty the King. This would be inconsistence with the principles of
the government administration and the provisions of the Constitution. It can be said
the issue stems from the ambiguity of the constitutional provisions on the juristic
person status of a temple. The researcher proposes for the amendment of Section
31 of the Buddhist Sangha Act B.E. 3505 to become more clear by basing the text on
the principle that the juristic person status of The Temple or the Residence begins
when government agencies permitted and endorsed the establishment of The
Temple or The Residence of Monk legally without taking into consideration that the
juristic person status of the temple must been granted Visungamasima. This shall
also comply with the principles of the term juristic person according to the public
law.