ปัญหาการจัดการการบุกรุกที่ราชพัสดุ: กรณีศึกษาในพื้นที่เชียงใหม่

Abstract

This research is a study. Management to solve encroachment problems at Rajaphatsadu (state land) to analyze problems, obstacles, and factors affecting the administration and enforcement of laws relating to the encroaching of Ratchaphatsadu. Why would the issues of the current invasion of state land not be solved? By studying the document data arising from the operations of government officials concerned through the facts of the intrusion of the state property. The study aims to choose different characteristics that occurred in 4 areas of Chiang Mai: the nature of the invasion of the state property in the city versus the forest area (outside the city); an individual intruder versus a group of intruders; elites who dominate the government officials versus ordinary people. The study has found that the failure to manage the trespassing of Rajaphatsadu partly comes from the legal provisions which limit and centralize the administrative power under the Treasury Department. Therefore, the survey, the law implementation, and governing of the state property lay on the Department while impractical authority. Regarding the principle that no prescription can be set up against the state property, the officers can reclaim the land anytime. Then, they delay the litigation on eviction against the trespassers. In addition, besides government agencies' corruption, government officials are involved in exploiting state land resources. Including the delay in executing the court's decision is ineffective. This ineffective law enforcement includes the negligence of demolishing the encroached buildings. Meanwhile, the permissiveness of law suspension has compromised law enforcement by the policy of turning trespassers into tenants to reduce disparities in land ownership. All of these cause difficulty in resolving the problem of the encroaching of Rajaphatsadu. Eventually, the Ratchaphatsadu Act B.E. 2562 was revised. Criminal penalties are imposed for those who enter the state land without permission. This study has found that the criminal penalties are only enforced when they have been complaints and receive attention from the public or the news in the press. Also, they will prosecute the trespassing in the areas where the state has the project on that state property. However, these lawsuits for eviction are not the primary mission of state property management. Moreover, the officers may be at risk if the trespassing comes from the tyrants. All four case studies are inactive law enforcement under this amendment. In addition, these case studies show a comparison of the characteristics of trespassing. The form of encroachment leads to a diverse and different response. As a result, the management tends to injustice and discrimination. Without correcting these issues, the protection of Rajaphatsadu to ensure order and peace as the law objective is not possible. From this study finding, some suggestions proposed to resolve the problems of trespassing Rajaphatsadu management would be three practical conducts. First, an explicit law provision grants authority to the state agencies who use the Rajaphatsadu to submit the survey to examine the state land promptly. Second, to establish distinguishing encroachment factors of the Rajaphatsadu so that the criminal and civil compensation law enforcement would be properly functional. And the third suggestion is the Rajaphatsadu which the specific state agencies directly use, should not participate in the rental program. Hence, those state agencies have complete administration to deal with the encroachments on the state land and effectively carry out the objectives for operating in the Rajaphatsadu. Setting practical and standardized can fairly address intrusions at Rajaphatsadu, prevent interference and abuse of power, and avoid discrimination affecting each area.