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The Efficiency Enhancement of the Disputes Mediation in Criminal Court with Buddhadhamma
Researcher : Phantipha Vongsutus Mookkakul date : 01/03/2019
Degree : พุทธศาสตรดุษฎีบัญฑิต(พระพุทธศาสนา)
Committee :
  พระมหาสมบูรณ์ วุฑฺฒิกโร
  ประพันธ์ ศุภษร
  -
Graduate : ๑๙ กุมภาพันธ์ ๒๕๖๒
 
Abstract

             This dissertation entitled ‘The Efficiency Enhancement of the Disputes Mediation in Criminal Court with Buddha dhamma’ has three objectives: to find the dispute and the reconciliation process in the criminal court, to find the cause of conflict and to study the principles and principles of the reconciliation in Buddhism;  to propose ways to increase efficiency by applying the principles of integrating Buddhism into the reconciliation of disputes in the Criminal Court. This is a qualitative research done by studying academic documents and practices.

In the research, it was found that:

1)    The conflict is the nature of man and difficult to avoid. Such a conflict can be classified into five categories: information, benefits, relationships, structure, interest and values. It is said that the reconciliation of dispute done by a mediator is an alternative when the dispute is caused in the court and this person is named ‘a conciliator’; he/she takes actively part in dealing with the dispute. What a conciliator is supposed to do is to give some instruction and suitable guideline in coping with such a disagreement wherein the reconciliation is expected to reach by both sides and thereby agreeably ending the case. In carrying out this process a conciliator has no authority to force both parties to follow what he/she suggested.

2) In the Buddhist concept, the root causes of the conflict are by nature precipitated by internal factor, unwholesome and diversification based on the wrong view because it gives rise to the attachment of one’s ideology, if such an ideology is based on unwholesome root, greed, hatred and delusion, then it will become a wrong view. Both factors, internal and external, will lead to various disputes in uncontrolled ways.

3) As far as the efficiency  guidelines to empower in conciliating the dispute in the Criminal court are concerned, two kinds of guideline were proposed: firstly, the western and eastern theories should be brought to be considered in Thai society and secondly the efficiency guidelines to conciliate the dispute in the Criminal court should be implemented in order to effectively and concretely bring mutual agreement by both parties which can be done through the consideration of the root cause of conflict based on Buddhism and the Criminal court’s conflict. Under these ways, the suitable approach to conciliate the conflict can be properly put. By virtue of this, the successfulness of the reconciliation in the Criminal court can be gradually enhanced.

In this research, the new body of knowledge found by this work leading to empowering the efficiency for conciliating the dispute in the Criminal court could be shown as follows: a conciliator should approach both parties to make them realize or change what they think of where the positive thought can be actualized; this is an individual base of mind and by this way the mental cultivation can be made in mindfulness resulting in the adjustment of what they follow and thereby bringing them the right view and clear comprehension in the present moment. Under this moment, they will not be controlled by various defilements and emotion. At this stage, the mental factors, desire, view and conceit, stringy and delusion will be slowly reduced. Finally, the individual quality of life developed through the middle path in Buddhism will nurtured wherein the threefold training, precept, concentration and wisdom is properly followed respectively.

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