Abstract:
The objectives of this research are: 1) to study the legal measures relating to the performance of duty and power, 2) to analyze the legal measures relating to the performance of duty and power, and 3) to suggest guidelines for the implementation of the legal measures on to the performance of duty and power under section 37 and Section 38 of the Sangha Act, B.E. 2505 amended by the Sangha Act (No. 2), B.E. 2535. Document analysis and content analysis were used in the data analysis.
The results showed that:
1. The results of a study on legal measures relating to the performance of duty and power under Section 37 and Section 38 of the Sangha Act, B.E. 2505, amended by the Sangha Act (No. 2), B.E. 2535 indicate that the duties of the abbots are as follows: 1) To maintain the temple and manage the temple affairs and religious treasures well; 2) To administrate and supervise the temple subordinates to follow Dhamma and Vinaya, regulations, rules, or orders of the Sangha Council; 3) To engage in the study, training and teaching of the Dharma and Vinaya to monks and lay people; and 4) To provide reasonable convenience in performing merit making. In Section 38, the abbot has the powers as follows: 1) To forbid the monks and lay people who are not allowed to live or stay in the temple; 2) To order the monks and the layman who do not follow the abbot's teaching to leave the temple; 3) To order the monks and the householder who reside in the temple to work in the temple or make parole or to ask for forgiveness when the monks or laymen in the temple misbehave the abbot which has been duly ordered in accordance with the Dharma and Vinaya or the Sangha Council's rules, regulations, or orders.
2. The results of the analysis of legal measures relating to the performance of duty and power under section 37 and section 38 of the Sangha Act, B.E. 2502, amended by the Sangha Act (No. 2), B.E. 2535 of the Sangha in England, Japan, Cambodia and Thailand are the same in Section 37: The duty should be performed and Section 38: The power must be performed. The difference was found in temple management depending on each country conditions. The temple management was clearly divided for vice-abbot or abbot assistant but under the supervision of the lord abbot.
3. The proposed guidelines for the implementation of legal measures relating to the performance of duty and power under Section 37 and Section 38 of the Sangha Act, B.E. 2502, amended by the Sangha Act (No. 2), B.E. 2535 comply with legal measures, including: (1) The law and the Sangha Councils rules should be revised for the abbot to have duty and authority in working according to the Strategic Plan for Reforming Buddhist Affairs B.E. 2560-2564 in 6 areas + 1 as a legal measure, (2) There should be a screening process for the representative of the temple or of the abbot in the management of the temple's religious properties; (3) To control, check and balance the powers of those involved; and (4) To manage religious properties of the temple in accordance with the methods prescribed in the Ministerial Regulations.