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未改修河川と水害訴訟 : 大東水害訴訟を中心に
https://aikoku-u.repo.nii.ac.jp/records/244
https://aikoku-u.repo.nii.ac.jp/records/24408c8c309-15d1-4605-bdd1-bc9a9fb99d40
| 名前 / ファイル | ライセンス | アクション |
|---|---|---|
25.45-60 (4.4 MB)
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| Item type | [ELS]紀要論文 / Departmental Bulletin Paper(1) | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 公開日 | 2023-05-09 | |||||||||||||
| タイトル | ||||||||||||||
| タイトル | 未改修河川と水害訴訟 : 大東水害訴訟を中心に | |||||||||||||
| タイトル | ||||||||||||||
| タイトル | UnimprovedriverandRedresssuitfOrrivermanagement : focusing on Daito case | |||||||||||||
| キーワード | ||||||||||||||
| 主題 | River management | |||||||||||||
| キーワード | ||||||||||||||
| 主題 | Unimproved river | |||||||||||||
| キーワード | ||||||||||||||
| 主題 | Urban flood | |||||||||||||
| キーワード | ||||||||||||||
| 主題 | Lawsuit for river management | |||||||||||||
| キーワード | ||||||||||||||
| 主題 | Daito case | |||||||||||||
| 雑誌書誌ID | ||||||||||||||
| 収録物識別子タイプ | NCID | |||||||||||||
| 収録物識別子 | AA1135787X | |||||||||||||
| 著者 |
梶原, 健嗣
× 梶原, 健嗣
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| 記事種別(日) | ||||||||||||||
| 内容記述 | 紀要論文 | |||||||||||||
| 記事種別(英) | ||||||||||||||
| 内容記述 | Departmental Bulletin Paper | |||||||||||||
| 抄録(英) | ||||||||||||||
| 内容記述 | People suffered from flood disaster can bring the action based on State Redress Law, pursuing the fault of river management, in Japan. The law was enacted in 1947, but people had not brought actions, even though fierce typhoons had hit Japan in succession in those days. Such tendency changed in the latter 1960s, and lots of cases had been brought in 1970s, Daito case was the most famous one in such cases. Daito city, next to Osaka city, is located in low wetlands, its population had increased rapidly in the economic high growth. As Osaka suburb, including Daito city, had been urbanized rapidly, people was suffered from urban flood because of seasonal rain front in July 1972. The accusers of Daito case were victims of the flood, and they brought a case to Osaka District Court in January 1973. Judgements of lower courts, first trial of Osaka District Court and second trial of Osaka High Court, were decided in favor of the accusers. But Supreme Court ruled against the accusers in reversal. In the urban flood of 1972, Tanita river, tributary of Neya river flowing Eastern Osaka, had been overflowed, and Tanita river was in the way of improvement. It was a quite small river in the urban area, but the judgement of Supreme Court of Daito case has affected succeeding suits, even if overflowed river is much bigger than Tanita river. The Supreme Court decision case had changed a tendency of judgement, because it grants government so wide administrative discretion. Until the decision, lots of cases, besides Daito case, had been decided in favor of the accusers, but thereafter the decision, almost all cases had been decided against the accusers. Supreme Court judgement of Daito flood has been an absolute precedent of the case of unimproved river flood, regardless of scale or status of river. The framework to judge shown by Supreme Courtis is called "Daito Criteria" as a precedent in these days. Damage relief or compensation is a main role of justice, besides that, discovery of truth is also an important role. Nowadays, however, the role of justice as a chance to inspect what happened and why happened is not played sufficiently because of Daito Criteria. That is a big loss for democracy. |
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| 書誌情報 |
愛国学園大学人間文化研究紀要 Human and Cultural Sciences ; The Journal of Aikoku Gakuen University 号 25, p. 45-60, 発行日 2023-03 |
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| 表示順 | ||||||||||||||
| 内容記述 | 4 | |||||||||||||
| ISSN | ||||||||||||||
| 収録物識別子タイプ | ISSN | |||||||||||||
| 収録物識別子 | 1344705X | |||||||||||||
