การศึกษาเปรียบเทียบการกระทำความผิดทางอาญาฐานฉ้อโกงผู้อื่นและประชาชนตามมาตรา 341, 343 แห่งประมวลกฎหมายอาญา กับการอวดอุตตริมนุสสธรรมตามอาบัติปาราชิกในสิกขาบทที่ 4

         This thesis was comparative study of criminal offence of frauds and the Public under Section 341, 343 of the criminal Code and boasting the superhuman state doctrines according to Pãrãjikasikkhãpada IV. The objectives were: 1. To study model and characteristic of criminal offence of frauds and the Public in the future and present in Thailand; 2. To study the problem of law  enforcement to punish offenders on frauds and the Public; 3. To study the diagnostic criteria of boasting the superhuman state doctrines according to Pãrãjikasikkhãpada IV and 4. To comparative study the criminal offence of frauds and the public with the offense of the monks on the superhuman state doctrines according to Pãrãjikasikkhãpada IV. This research was conducted by documentary research which collected the data from text books, articles, Supreme Court verdict and internet information, and then comparative studied the criminal offence of frauds and the Public with offense of the monks on the superhuman state doctrines according to Pãrãjikasikkhãpada IV.   

The research findings are as follows: The frauds case of monks, the study finds that it can be defined as one of the serious offenses of fraud under section 342. because the section 342 is serious event that is similar to the stipulations due to the status of the offender already, such as a penalty imposes a heavier penalty based on the consequences of the action, will not consider the status of the perpetrator. When the monks have the special status in Thai society, they can rely on his status to make deceitful people more successful than ordinary people, therefore, the monks who commit the fraud of the people should be punished from their status in another chapter. As for cases that do not reach the level of an offense under the Criminal Code, it is an offense related to property unsuitable for monks that occurs frequently in the present and often overlap with the criminal offence of frauds, there is always a problem that will such a matched matter be an criminal offence of frauds that boasting of superhuman, the researcher classifies the claim of the wonderful virtue that is boasting the superhuman state doctrines (Virtues that Transcend Human Beings) with boasting the beast subject (sorcery, fortune, amulet talisman).That boasting the superhuman state doctrines whether it is in them or not all of them caused damage to the religion because it makes people to misunderstand the Dharma Vinaya from the essence of Buddhism, may not reach the liberation of all suffering, which is the ultimate goal of Buddhism, and even if the boasting the superhuman state doctrines that will not in themselves, can be a frauds offense under the Criminal code if there is a deception to obtain property which is controlled by the civil but the offense of fraud is aimed at protecting against property damage does not aim to protect the damage caused to the religion, therefore legal virtues are different.  

These deeds that are inappropriate for the monks although some cases will not cause the property damage to others such as boasting the superhuman state doctrines will not be deceitful to acquire property but they all cause to damage to Buddhism because it causes the understanding of the Dharma to be distorted from the essence of Buddhism, it is one of the dangers of Thai society. which the majority of people respect to Buddhism, Therefore, there is a need for criminal law helps to control because criminal law also has a duty to protect society to Legal Moralism, therefore, the criminal law in Thailand has a duty to protect Buddhism, which is the religion that the majority of Thai people respect.

At the same time, should abolish the section 348 due to section 348 mentions the criminal offence and section 343 is the criminal offence can be compromised. Because the criminal offence of frauds has the impact on people and economy of the nation. In Buddhism when Buddhist monks have the criminal code due to boasting the super human state doctrines according to Parjikasikkhapada IV and will leave or disrobe from the monkhood because the monks can not beg for the pardon so should have the criminal offence of frauds of the nation that can not compromise. It will prevent the wrong doers to fear the law and for the law will be enforced.