| Project/Area Number |
13620020
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | NIIGATA UNIVERSITY |
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Principal Investigator |
NISHINO Akira NIIGATA UNIVERSITY, Faculty of Law, Professor, 法学部, 教授 (30090658)
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| Co-Investigator(Kenkyū-buntansha) |
ISHIZAKI Seiya NIIGATA UNIVERSITY, Faculty of Law, Professor, 法学部, 教授 (20159718)
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| Project Period (FY) |
2001 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 2003: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2002: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2001: ¥800,000 (Direct Cost: ¥800,000)
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| Keywords | burial cultural assets / compensation / cause peyson burden / property rights / restriction of property / purchase of land / stop the change of the present / excavation investigation / 周知の埋蔵文化財包蔵地 / 現状変更停止命令 |
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| Research Abstract |
The protection of the burial cultural assets was done at the sacrifice of the landowners.
But, in this condition, the destructions of burial cultural assets must have happened in succession.
The Law for Protection of the cultural assets provided for compensations regulations. But, really the precedents of compensation can not be found. The legal system of compensation do not functtion.
Research Results of this Study,
(1)The Protection of the cultural assets can not be done without Just Compensations. Under the Law for protection of the cultural assets, adequate compensations are essential.
(2)The Purchase of the Lands which include the burial cultural assets is most effective for Protection. The Price of purchase must be just compensation. Therefor, Budget for purchase is necessary.
(3)The cause person burden principle of the excavation investigation expence must be avandoned.
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