宪法29条3项正当补偿.ppt

Compensation System of Japan President of Japan Organization for Land Acquisition and Compensation / Professor of Shinshu University School of Law Tsuyoshi Kotaka --------　Just Compensation 　　　　　　　means 　　Full Compensation　-------- * Trial Version 　　　　　　　　　　Outline of 　　Land Acquisition Process 　　and Just Compensation Ⅰ * OUTLINE OF LAND ACQUISITION　PROCESS 　Under Article 29, Paragraph 3 of the constitution, the Land Expropriation Law was enacted in 1951 as a general statute concerning compulsory acquisition of land for public purpose. [１]　Land Expropriation Law(Act No.219 of 1951) * 　In addition, the Law of Special Measure for Land Acquisition provides a procedure for urgent expropriation for projects that are especially needed for the social and economic life of society and are expected to be accomplished urgently. [2]　Law of Special Measure for Land Acquisition (Act No.150 of 1961) * 　In general, land acquisition for public projects is not done by procedure under the Land Expropriation Law but by mutual negotiation among the project initiator, the landowner, and interested parties. [3]　 Acquisition by negotiation * 2.　OUTLINE OF JUST COMPENSATION [1]　Compensation Concerned with Private Property “The Guideline of Standard for Compensation for Loss Caused by Acquisition of Land for Public Use” (Cabinet Decision, June 29, 1962, revised, December 12, 1967, revised, July 2, 2002) * [2]　Compensation Concerned with Public Facilities “The Guideline of Standard for Compensation for Public Loss Caused by Execution of Public Project” (Cabinet Decision, February 21, 1967) * 　　　Types and Contents 　　　of Compensation Ⅱ * Article 29. The right to own or to hold property is inviolable.Property rights shall be defined by law, in conformity with the public welfare.Private property may be taken for public use upon just compensation the