Page 10 - คลายปม คดีที่ดินคนจน

๐๐๔ รายงานวิจัยกระบวนการยุติธรรม คลายปม “คดีที่ดินคนจน” ๐๐๕

Abstract

Land disputes between the state or private

interests on one side and poorer segments
of the populace on the other are characterized by long, drawn-out
court cases and increasingly involve violence. Ordinary people caught
up in these disputes say state mechanisms treat them unfairly and

judgments usually go against them in judicial proceedings. In the end,
they say, they lose everything-houses, land and livelihood are taken
away, families are broken up and communities are destroyed. Cases

contesting land rights cause severe suffering to many poor people.
The Study on Learning processes toward reforming the legal
processes of Land Dispute Cases aims to develop an understanding

of the factors and causes leading to the current problems, analyze
the problems and shortcomings of existing judicial procedures and
legal frameworks, and to propose suggestions on how to improve the

legal/judicial procedures involved and the procedures that state
agencies and government units related to land ownership follow, as

well as on how to revise the relevant laws themselves. Toward this
end, the project looked into land disputes in 5 communities around
Thailand: ViangNonglong in the northern province of Lamphun, Nong

Kinplain in the northeastern province of Ubonratchathani, Thung Phra
in the central province of Chaiyaphum, Rawai in the southern province

of Phuket and Thap Yang in the southern province of Phung Nga. It
studied the evidence presented in the cases, the judgments of the