TSUJI YUICHIRO
   Department   Undergraduate School  , School of Law
   Position   Professor
Date 2021/07/08
Presentation Theme Compensation or economic support for COVID-19 in the Constitution of Japan
Conference I-con(The future of public law)
Promoters I-con
Conference Type International
Presentation Type Speech (General)
Contribution Type Individual
Venue Online
Holding period 2021/07/06~2021/07/09
Details This paper analyzes whether the government is obligated to compensate the business losses caused by the request for self-restraint order in Japan. Property right provision of the Constitution of Japan, requires specific damages for compensation. The Constitution believes that if burdens are widely and generally shared, then compensation should be shared among people, and compensation is unnecessary. If people change their minds about the fairness of compensating certain industries after discussing the nature of the special sacrifices, and if the perspective of society as a whole change, then parliament might create a provision to support the government in the Influenza Special Measure Act. This paper notes that compensation for property rights and financial support are two different issues. As a matter of policy, when the government supports the socio-economically vulnerable, it is not a matter of compensation for property rights, but a matter of social rights and a matter of policy.