Abstract:
The research entitled as Legal Measures to Protect Buddhism According to The Law of The Kingdom of Thailand and The Lao Peoples Democratic Republic has the following objectives for: 1) studying the concept about the history of Buddhism of the Kingdom of Thailand and the Lao Peoples Democratic Republic, 2) studying the law about the Buddhism of the Kingdom of Thailand and the Lao Peoples Democratic Republic, 3) studying the analyzing the comparison the legal measures to protect Buddhism according to the law of the Kingdom of Thailand and the Lao Peoples Democratic Republic, 4) searching for the suggestions and guidelines to solve the legal measures to protect Buddhism of the Kingdom of Thailand.
The findings of the research found that as follows
The research study about legal measures to protect Buddhism according to the law of the Kingdom of Thailand and the Lao Peoples Democratic Republic which a researcher found that law about to protect Buddhism of two nations can be summarized as following :
1) The legal measures of the constitution to protect Buddhism according to the law of the Kingdom of Thailand Buddhist Era 2560 which has the ten constitutional laws to protect Buddhism that found that the constitution sets up the king must believe in Tharawada Buddhism only and must be the great supporter of all religions but the Lao Peoples Democratic Republic after getting the independence on December 2, 2518 (1975) used the principle of Buddhism to be applied with the political system for the matching the belief and faith of the people, which the Communism system can not separate the belief and faith in Tharawada Buddhism out of the way of life of Lao people. Therefore, the government sets up in the constitution B.E. 2518, Section 7 Buddhism is as the national religion of the Lao Peoples Democratic Republic and to set up Buddhism as the national religion upto the present constitution amended B.E. 2558.
2) The legal measures of the constitution to protect Buddhism according to the law of the Kingdom of Thailand, found that the criminal code of four sections and group two for the mistakes part of four sections which is the mistake about the religion that the additional amended criminal code (No. 26) B.E. 2560 was found in the Section 206, 207, 208 and Sangha Act. B.E. 2505, additional amended Section 2, B.E. 2535 but set up in the Sangha Act. (No. 2) B.E. 2535 Section 44 bis and Section 44 ter but the Lao Peoples Democratic Republic found in the criminal code of the Lao Peoples Democratic Republic Section 130.
The suggestions, a researcher has the following suggestions :
1) Should have additional amend the Section 67 by having the additional amend in the constitution Section 67 and chapter 6 about the policy of the state by additional amend of Section 67 of the first paragraph that mentions Tharawada Buddhism as the National religion the first original paragraph was changed to the second paragraph and the second original paragraph was changed to the third paragraph.
2) Should have the additional amended criminal code of four sections and group two for the mistakes part of four sections which is the mistake about the religion that the additional amended criminal code (No. 26) B.E. 2560, additional Section 208 to 208/1 the first paragraph that mentions the sexual harassments of the monks or novices or monks and novices. If any monk and novice has the sexual conduct with female or male will be punished in the jail for 1 to 3 years and fine, not more than between 50000 to 100000 Baht or Both and the second paragraph that mentions the female or male will have the volunteer to have sexual conduct with the monks or novices will have the same punishment.
The findings of the research found that as follows
The research study about legal measures to protect Buddhism according to the law of the Kingdom of Thailand and the Lao Peoples Democratic Republic which a researcher found that law about to protect Buddhism of two nations can be summarized as following :
1) The legal measures of the constitution to protect Buddhism according to the law of the Kingdom of Thailand Buddhist Era 2560 which has the ten constitutional laws to protect Buddhism that found that the constitution sets up the king must believe in Tharawada Buddhism only and must be the great supporter of all religions but the Lao Peoples Democratic Republic after getting the independence on December 2, 2518 (1975) used the principle of Buddhism to be applied with the political system for the matching the belief and faith of the people, which the Communism system can not separate the belief and faith in Tharawada Buddhism out of the way of life of Lao people. Therefore, the government sets up in the constitution B.E. 2518, Section 7 Buddhism is as the national religion of the Lao Peoples Democratic Republic and to set up Buddhism as the national religion upto the present constitution amended B.E. 2558.
2) The legal measures of the constitution to protect Buddhism according to the law of the Kingdom of Thailand, found that the criminal code of four sections and group two for the mistakes part of four sections which is the mistake about the religion that the additional amended criminal code (No. 26) B.E. 2560 was found in the Section 206, 207, 208 and Sangha Act. B.E. 2505, additional amended Section 2, B.E. 2535 but set up in the Sangha Act. (No. 2) B.E. 2535 Section 44 bis and Section 44 ter but the Lao Peoples Democratic Republic found in the criminal code of the Lao Peoples Democratic Republic Section 130.
The suggestions, a researcher has the following suggestions :
1) Should have additional amend the Section 67 by having the additional amend in the constitution Section 67 and chapter 6 about the policy of the state by additional amend of Section 67 of the first paragraph that mentions Tharawada Buddhism as the National religion the first original paragraph was changed to the second paragraph and the second original paragraph was changed to the third paragraph.
2) Should have the additional amended criminal code of four sections and group two for the mistakes part of four sections which is the mistake about the religion that the additional amended criminal code (No. 26) B.E. 2560, additional Section 208 to 208/1 the first paragraph that mentions the sexual harassments of the monks or novices or monks and novices. If any monk and novice has the sexual conduct with female or male will be punished in the jail for 1 to 3 years and fine, not more than between 50000 to 100000 Baht or Both and the second paragraph that mentions the female or male will have the volunteer to have sexual conduct with the monks or novices will have the same punishment.
3) Should have the additional amended Sangha Act. (No. 2) B.E. 2535 to match with the criminal code of four sections and group two for the mistakes part of four sections which is the mistake about the religion that the additional amended criminal code (No. 26) B.E. 2560 by having the additional amend Section 44 ter to Section 44/1 ter that mentions the monks and novices have the sexual conduct with humans or or animals that creates the faith losing from four Buddhist companies and derogation that it creates the faith losing to Buddhism seriously , will be punished to in the jail for not more than 1 to 3 years and fine, not more than between 20,000 to 100,000 Baht or Both.