The main purposes of this thematic paper were to study an Āpattādhiikarana-judgment process in Vinaya Pitaka and to analyze an Āpattādhiikarana-judgment process of Thai Sangha.

             A result of this study was found that Adhikarana was a matter or a lawsuit in the Sangha. The Āpattādhiikarana-judgment process in Vinaya Pitaka was divided into four types: (1) Vivādādhikarana—judgment in front of a person and material, (2) Anuvādādhikarana—judgment in three ways, including the judgment in front of all related persons, the judgment with warning for Aranhant, the judgment with stopping a lawsuit for a mad monk, and the judgment with the considered evidence and witness, (3) The Āpattādhiikarana-judgment—the judgment in front of a person and material, and (4) Kiccādhikarana—duties of Sangha, strictly done according to the Buddhist law.

              The Āpattādhiikarana-judgment process of Thai Sangha was found that the judiciary in the regional system called a charge a ‘lawsuit’. In Buddhist law, it was called ‘Adhikarana’ with the use of Nigaha-kamma to punish the law-transgressing monk. This was a duty of the ecclesiastical officers who enjoyed the administrative positions like an abbot who had never destroyed the original law. It was necessary to punish such a monk in the judgment process. Here, Phravinayadhara and Phradhammadhara were responsible for three levels of judgment: the Court of Justice, the Court of Appeals, and the Supreme Court to punish a monk, a serious offender with Pārājika by driving him out of the Order. Sometimes, Nigaha-kamma was light to take the offender out of the Order. However, it was found that he did not accept such Nigaha-kamma as mentioned in the judgment. According to the section 24, if he transgressed Buddhist law continuously, did not register the temple allowance, traveled from place to place, the judge ordered him to quite from the monkshood as mentioned in the Thai Ecclesiastical Council’s announcement. A monk who transgressed Sanghādhisesa had to be punished with taking Parivāsa-kamma. Finally, a monk who had light offence had to represent his transgression of Buddhist law in order to grow more carefulness and mindfulness.

Download