Abstract:
The objectives of this research were 1) to study the historical background of Thai monks administration from Sukhothai kingdom to the present Rattanakosin kingdom, 2) to know the Legal Problems of Power Using of Administrative Monks of Sangha in Line with Section 22 of Sangha Act. 2505 B.E. and Amended Sangha Act. (Chapter 2) 2535 B.E., Sangha Act. (Chapter 3) 2560 B.E., and Current Sangha Act. 2561 B.E., 3) to study the power the court judgement or command of Sangha organization about the works of Supreme Sangha Council in the characteristic of power using of administration, 4) to study Legal Problems of Power Using of Administrative Monks of Sangha in Line with Section 22 of Sangha Act. 2505 B.E.
This research was the documentary research through the books studying a, thesis, textbooks, research works including the laws and academic works including electronic media in the form of Thai and foreign languages about Thai Sangha Organization, especially, Sangha Ac.t 2505 B.E., Sangha Ac.t 2535 B.E., Sangha Act 2560 B.E., Sangha Ac.t 2561 B.E., Sangha Organization Act. 121, Sangha Organization Act 2484, Sangha Rule chapter 1-10, Royal Act for Administrative Works 2539 B.E., Royal Act for Administrative Court setting and Administrative Court legal process 2542 B.E., Constitution of Thailand Kingdom 2560 B.E.
The findings of the research which found that the Sangha Act 2505 B.E. as the law of Thai monks administration at the present in order to setting up the structure of monks administration and Act amendment for four times in 2535 B.E. 2547 B.E. 2560 B.E. and 2561 B.E. respectively. Even though the Sangha Act had the amendment but it is not efficient and does not along with Dhammavinaya and the current administration of Thailand. Moreover, the power using of Sangha administration direct to Sangha organization and the persons under power using because Sangha organization uses the public power but the present Administrative Court is the organization that has the duty to examine the right legal of administrative works but can not examine the power using of administrative monks because the works reason of religious organization that the Administrative Court does not have the power to examine.
Suggestions
1. Should amend and improve the present Sangha Act. to lead to the controlling mechanism to examine the power using of monks administrative organization for controlling and examination by both inner and outer organizations.
2. Should let the Supreme Sangha organization releases the Rule of Supreme Sangha Organization about the methods of punishment and action process of Sangha organization by having the independent organization or controller of Sangha organization for being the organization to control the power using of Buddhism organizations.
3. Should set up the training organization to develop the Sangha organization, administrative monks for understanding the process and the own right using in line with Sangha Act 2505 B.E. correctly and rightly.