การศึกษาเปรียบเทียบกระบวนการลงนิคหกรรมตามกฎมหาเถรสมาคม ฉบับที่ 11 (พ.ศ. 2521) กับประมวลกฎหมายวิธีพิจารณาความอาญา : ศึกษากรณีวิธีการไต่สวนมูลฟ้อง

The research entitled as “A Comparative Study of the Niggahakamma process according to the Supreme Sangha Council Rule Number 11 (B.E. 2521) with the Criminal Procedure Code : A Case Study of  Preliminary Hearing Approach”, had the four objectives : 1) to study about the types and characteristics for justice system of the Supreme Sangha Council Rule Number 11 (B.E. 2521) about the Niggahakamma process, 2) to study the concept and theory about the facts finding examination through Preliminary Hearing Approach according to Thai Laws and international Laws, 3) to compare the process of Preliminary Hearing Approach through criminal procedure code and the Supreme Sangha Council Rule Number 11 (B.E. 2521) about Niggahakamma process, 4) to present the suggestions about added amendment of Supreme Sangha council Rule Number 11 (B.E. 2521) about Niggahakamma process for matching with criminal procedure code of Thai Law system and for developing the Sangha organization and justice procedure of Thailand in the future. The method of research study was the comparative study through documentary research and the first data information by collecting the data from Tipitaka such as Vinayana and Supreme Sangha Council Rule Number 11 (B.E. 2521) about Niggahakamma process. For the second data information collections were the books from the general dissertations and research documents, academic articles, textbooks, thesis, related research books and then to study the data comparison according to the objectives and summarize the data for research presentation.

The findings of the research as follows : The dispute solution happens in the Sangha organization at the present is Niggahakamma rule according to the Supreme Sangha Council Rule Number 11 (B.E. 2521) about Niggahakamma process that issued the Sangha organization code B.E. 2505 and Amended Sangha Organization Code (Number 2) B.E. 2535 as the sampled form criminal procedure code of the state, the criminal procedure code is the dispute management, to stop the conflict of people in the society that develops from morality, customs, tradition, culture, religion, regulations, rules respectively by having the objectives for peace maintenance and good morality of members in the society, to create the co-living in the society happily to respond the demand of all sectors suitably. For the Buddha used the four principles such as “in front of Sangha, In front of Dhamma, In front of Vinayana, and in front of person” as the connection by having “Sammukhavinayana or proper disciple to do the front of others” as the “Central Command Center” of consideration and conflict judgement. The way to solve the conflicts can not be possible without Sammukhavinnayana to control the regulators, to facilitate and support. The important reasons for Buddha allowed the monks, Sangha organization or Sangha council must do like that because to realize the fairness as the heart of dispute judgement procedure. Whenever, judgement procedure without fairness or justice to the accused persons, and then the Sangha council will not have the real value of confidence and the side effect will have no peace in the Sangha society. To compare the Niggahakamma process according to the Supreme Sangha Council Rule Number 11 (B.E. 2521) that issued the Sangha  organization code B.E. 2505 and Amended Sangha Organization Code (Number 2)  B.E. 2535 with criminal procedure code of  Preliminary Hearing Approach found that having the similarity and four differences are (1) Factors of Court Action (2) Court Proceedings (3) Types of Witness (4) Law Enforcement according to Judgement.

The researcher has the suggestions that the principle of the Criminal Procedure Code, should use the punishment of wrong doers in Buddhism to be applied as the curriculum of education including the factors of Criminal Procedure. Moreover, to set up the Criminal Code and Criminal Procedure Code. The important factors are jury must have the knowledge and justice, proper age and proper qualification can use the consideration properly to the cases for mistake solution to punish the innocent people and to punish the wrong doers suitably and to create the justice to Thai society at the present.