일본의 토지계획법제에 관한 고찰

Japan's structure for land plan or comprehensive plan etc. are similar to our countrys' in enacting land planning laws. According to the Japanese domestic general assessment to Japan's land planning section for a long time, Japan's land planning section was maintained uniform legal system driven by nation to focus land development, as a means for urban development and economic development, therefore, it has been criticized for apart from the actual life of residents, local activation and so on. The Japan has kept carrying out various measures under integrated plan - a strong centralized top-down, so-called from center to province - through the nation in the notion of development from the area of economic development. It has affected nature of each law to govern land use or land plan. In other words, the basic features of Japan's land-use and planning laws seem to be focused on development-oriented and government-led system. However, Japan's government has introduced the various measures into recent law-amendment to correct the problems of conventional land use and planning laws, such as urban planning act, landscape act and so on. Of course, this action means not only the revision of the legal system but also a change in idea of land. That is, the philosophy - after recognizing the limitations of state-driven and unilateral planning laws, and then making and enforcing local planning on the basis of forming opinions and gathering opinions in each province, on this, land development must be balanced with the overall - is lying at the bottom. Furthermore, it represents the change of philosophy on the freedom of architecture or development based on absolute ownership principle questioned so far, and the minimum regulatory principle in police administration.