2013 Fiscal Year Final Research Report
Moreover, various problems of legal system, such as employment of the conventional flood plain and a land use regulation etc. are shown
| Project/Area Number |
23530030
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Shimane University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 洪水リスクマネジメント / 防災・減災 / 災害対策 / ｸﾗｲｼｽﾏﾈｼﾞﾒﾝﾄ / 災害対策基本法制 / 河川管理権 |
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| Research Abstract |
The damage responsibility of the country for the damage that occurred because of a flood was denied by Supreme Court Judgment for Daito Flood Suit. In a traditional compensation for damages principle of law to premise predictive possibility, result evasion possibility, there is not surely the corresponding to the social redistribution of the damage. By the reason of this, a way of thinking called "the risk management" that can examine total is pursued in the social appearance distribution of the damage by the prevention of the damage. And flood risk management system was introduced into German Water Law of 2009.In the German law system, the compensation responsibility of the country for the natural disaster (catastrophe) is denied in principle. Moreover, various problems of legal system, such as employment of the conventional flood plain and a land use regulation etc. are shown.
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