On the Legal Relation in Impulsive Conservation of Private Historic Buildings: with Discussion of Japanese Legal System
Date Issued
2015
Date
2015
Author(s)
Chen, Wei-Zong
Abstract
How to conserve historic buildings added with cultural value in this fast-changing global village era is a crucial topic for modern countries. Among these historic buildings, particularly those private ones describe people’s authentic historic footprints better than public ones do, but it is this private ownership that makes it unreasonable to expect that all entitled people will voluntarily confine their exercise of rights, which thus leads to the tension between the conservation of historic buildings and the protection of private rights. Therefore, the core issue in this thesis is to examine this tension from the prospective of constitution to that of administrative law, especially in the legal system of cultural heritage preservation. Thus, I firstly discuss the constitutional foundation of the conservation of private historic buildings, and argue that the restriction of property rights involved here acts as means in pursue of achieving country’s mission to protect artificial environment; secondly, I discuss how the legal relation in impulsive conservation of private historic buildings forms in concrete administrative law level, the rights and responsibilities in this kind of legal relation, and also the legal effect imposed on land, for the conservation of private historic buildings cannot be done without land. To make my argument more desirable, I also refer to the comparison with Japanese legal system, and finally put forward my findings and advice.
Subjects
Cultural Heritage Preservation Act
Monuments
Historical Buildings
Act on Protection of Cultural Properties
Tangible Cultural Property
Type
thesis
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