法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
基地と土地問題
阿波連 正一
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ジャーナル フリー

1998 年 1998 巻 50 号 p. 129-134,288

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This paper deals with the principle of restrictions on the land ownership. The issue of land use by the U.S. military base in Okinawa has pressed us to clarify the principle of restrictions on the land ownership in Japan. The essential characteristic of the land ownership is that, although it fundamentally supports the capitalistic system, it is secured by the system itself. We claim, from this point of view, that the rule of restrictions on the land ownership must be based on the democratic procedures because the existing system of Japan is democracy. The procedures must be completed at three levels: the state, the district and the landowners. But in case of Okinawa the procedure to confirm the consent of the district has not been taken. The lack of that process is the main point of the problem of land use by the American force in Okinawa. In this situation the referendum of the people of Okinawa prefecture carried out in 1996 is significant and the result of it must be respected.

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