2010 Fiscal Year Final Research Report

Local Public Entities and Protection of Subsistence

Research Project

Project/Area Number	20730014
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Public law
Research Institution	The University of Tokyo
Principal Investigator	OHTA Masahiko The University of Tokyo, 大学院・法学政治学研究科, 教授 (80251437)
Project Period (FY)	2008 – 2010
Keywords	行政法 / 地方自治 / 社会保障 / 最低生活保障 / ホームレス / 警察 / 連帯
Research Abstract	1) According to the Local Government Act, those who have addresses in a local public entity are its residents. On one hand, local public entities have to accept anyone to be their member, if he/she lives in their territories. On the other hand, residents cannot refuse to be members of the local public entity. It is this point of view that we need to start from, when we study legal status of homeless people. 2) Even when local public entities have to order homeless people living in tents in parks to leave there, the local public entities must adopt a judicial enforcement but not the "Ersatzvornahme", an administrative enforcement. 3) Protection of subsistence is a requirement of the politics, which we are able to have, only when we mutually acknowledge ourselves as free and independent individuals.