| Project/Area Number |
08302004
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Social law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
HARADA Sumitaka Univ.of Tokyo, Institute of Social Science, Professor, 社会科学研究所, 教授 (50013016)
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| Co-Investigator(Kenkyū-buntansha) |
YOSHIDA Katsumi Univ.of Hokkkaido, School of Law, Professor, 法学部, 教授 (20013021)
YASUMOTO Norio Ritsumeikan Univ., School of Law, Professor, 法学部, 教授 (20066723)
MIKAMI Takahiro Ryuukoku Univ., School of Law, Professor, 法学部, 教授 (50115755)
KAINOU Michiatsu Uuiv.of Nagoya, School of Law, Professor, 法学部, 教授 (00013011)
IGARASHI Takayoshi Hosei Univ., School of Law, Professor, 法学部, 教授 (90277690)
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| Project Period (FY) |
1996 – 1997
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| Keywords | URBAN LAND LAW / CITY PLANNNING ACT / FORMATION OF SELF COVERNNING LAND USE SYSTEM / PUBLIC INTEREST FOR CITIZEN / DEVOLUTION / PUBLIC PARTICIPATION / DEREGULATION / CONTEMPORAY LAND OWNERSHIP |
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| Research Abstract |
(1) With regard to the understanding of the total structure of urban land law, we have researched especially on the structural and functional changes of legal system resulted from the recent movements of the deregulation and devolution to local government. Also we have examined the effect of recent changes on the urban and city development. Some results of our research have been published in the special issues of April 1997 and February 1998 of "HORITSU JIHOU" . The followings are some of our results. Firstly recent movements do not strengthen people's power to control the formation of desirable common urban space, in spite of the emphasize of "self decision" and "self liability" . Secondly contents of devolution of urban planning power to local government are limited, comparing with western countries. Thirdly purposes of recent special measures intend to mobile land transaction and stimulate business. Fouthly these changes are not enough to support the direction of the formation of se
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lf governning land use system.
(2) From the historical point of view, Japanese urban land law naw faceed a great turning point. The present Japanese urban land laws have inherited characteristics of pre war centralized legal system, established as highly development orientated land law through the period of rapid economic growth f 1960's and 1970's, and produced the "Buble Economy" of 1980's during the self devlopment of land policy. Therefore it is necessary for Japanese urban land law to leave from these historical problems and to establish new social rules for the formation of good housing and living environment in the much stable and matured period.
(3) In order to establish new social rule, on the one hand, the Japanes land law have to remove many problems which explained in (1) of this summary, and on the other hand, it is necessary to devolve urban plannning power to local government based on local autonomy and citizens democracy, and to establish logic and the way to realize common and public interest of citizen, and to strengthen peoples power for the formation of good housing and living environment. Less
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