ปัญหาทางกฎหมายเกี่ยวกับความเป็นนิติบุคคลของจังหวัด

Abstract

This article studied the legal problems of provincial juristic persons by studying the concept of being a state juristic person as a public juristic person administering state legal system affairs. Data on provincial juristic person legal development was gathered from Thai and foreign books, documents, theses to understand reasons for attributing provincial legal status, how it works and affects the provincial administration system. Insofar as the Thai state is not an internal legal system public juristic person, holders of legal rights and duties are attached to the state organization. Administrative efficiency results from constitutional encouragement of an integrated provincial administration system. Provinces may prepare budget requests themselves and enact laws, increasing powers of provincial governors. However, in practical terms, provinces cannot oversee areas because juristic person issues lead to administrative legal problems, in which the central authority reserves the right to not delegate powers to the provincial governor and establish a regional central authority. Many factors affect provincial administration unity: personnel management system problems, ununified budget system, and regional, local, and central overlap. It has been suggested that to certify the status of a state public juristic person in the internal legal system, the provincial juristic person should be abolished by repealing the provision certifying the provincial status and increasing public administrative efficiency by enacting laws attributing total regional power to provincial governors, according to the principle of delegating powers to the governor as main actor. Limitations on power are exceptional, by reviewing or changing regional central government agency structure into provincial administrations or transferring them to local authorities and allocating relevant areas to the integrated area and regional provincial group. Clear rules should be set for overseeing powers and duties of state and local government organizations, to give provinces the status abiding by administrative law, while effectively managing and integrating all sectors. This would result in provincial administrations linking government policies and genuinely responding to the needs of citizens locally and regionally.

Keywords: Juristic person, Integrated Provincial, Delegation.