近代林業の法制的前提 : 明治年間における森林法の制定と改訂を中心として
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概要
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The basic law to the modern forestry in Japan was enacted in 1897, but after being enforced for about ten years it was obliged to receive a drastic amendment. The cause of this amendment was explained by the then Minister of Agriculture, Forestry and Commerce, that the former law had provided the negative measures for the reservation and the superintendence of the private forests, but not provided the active ones for the promotion to exploit its natural resources. Indeed, we can find that the amendment bill gave the way for big enterprisers or great owners of the private forests to exploit them. But examining the content of this bill all over again, we shall notice it intended rather overwhelmingly to provide the various kind of conveniences for the exploitation of the state forests or the Imperial forests and to make it possible for the authorities to control the private forests to suit their own conveniences. Why the former law should be amended in such a way? I consider it will be resolved by reviewing the discussion of the original bill in the House of Representative in 1896 and in 1897. This original bill was sharply rejected and amended by the strong opposition, and furthermore it failed to pass in connection with other two bills-the bill of management of the state forests and the bill of the correction of the Kanminyu-kubun (the policy for the classification of the ownership). The concern of the members of Parliament was in the following three points, (1) to exclude the control by the authorities, (2) on the contrary, to audit the management of the state forests, and (3) to secure the correction of the Kanminyu-kubun. The members of Parliament intended to established the three bills, but the government did only one-the forest law. In 1896 the both sides couldn't realize their intention. In the next year the government succeeded to pass the forest law with tactics, but it was sharply amended again. After the enactment of it the government brought one-sidedly the correction of the Kanminyu-kubun to an end in all but name, and created the established favorable facts by promoting the srpecial project of the exploitation of the state forests, of the examination of boundaries between the state and the private forests, or the provision of sale of the state forests, etc. So in course of time, the former law should inevitably be required its revision by the government to suit the original motion. In such a way, the revision of the forest law in 1907 provided the legislative precondition to the modern forestry in Japan.
- 慶應義塾大学の論文
- 1959-10-15