2003 Fiscal Year Final Research Report Summary
Protection of the burial cultural assets and Compensation
| 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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| Keywords | burial cultural assets / compensation / cause peyson burden / property rights / restriction of property / purchase of land / stop the change of the present / excavation investigation |
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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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