Effect of Change The Supreme Court Precedent in Civil Case : The Attitude of Legal Philosopher

Abstract

A Judgment in civil case is an important factor showing carefulness of hearing. Parties to a case are able to examine a judgment by checking a ground of judgment according to the principle of bilateral hearing. This also balances the independence of the judiciary. Once a ground of judgment is explicitly accurate, it will raise people confident in justice process. From this reason, whether a ground of judgment has the same legal binding and enforcement as a judgment itself and whether a ground of judgment is always necessary in a civil judgment.

When Compare the law on foreign and analyze data in Philosopher and target group, deem unsuitable in Effect of Change The Supreme Court Precedent in Civil Case.

The researcher therefore would like to recommend that There should be the amendments of the Civil Procedure Code in Article 32 Paragraph 2(2) Have the opinion that

“In the Appeal Court or in the Supreme Court, if the Judge of Appeal Court or in the Supreme Court, will change Precedent in the Appeal Court or in the Supreme Court or the Chief of Judge of the Appeal Court or the president of the Supreme Court, as the case may be, thinks fit, any question of any case may be decided in the general meeting of either Court, or if there is the law to provide any question or any case to be decided in the general meeting, it shall be decided in the general meeting.”.