Control of discretion for the technical standard of river erosion control: Research of the rationality of technique on public works

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  • 河川砂防技術基準に対する裁量統制――公共事業の技術的合理性の研究――
  • カセン サボウ ギジュツ キジュン ニ タイスル サイリョウ トウセイ : コウキョウ ジギョウ ノ ギジュツテキ ゴウリセイ ノ ケンキュウ

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<p>Technical standard can be the criteria when we judge the rationality of public works.</p><p>Technical standard which is considered in this thesis is ‘revised edition the technical standard of river erosion control (proposal) part of explanation and plan’ edited by the ministry of construction (sankaidou 1998). I call it the technical standard of river erosion control (proposal) below.</p><p>As for ‘the rate of extension’ ‘the fundamental volume of flood’ ‘the flood control effect’, etc. which were issues in the dam cases, etc. the way of thinking of concrete numeral standard and calculation is decided in the technical standard of river erosion control (proposal).</p><p>I found the following five problems when I examined the judicial precedents.</p><p>1 The coefficient of roughness is decided without rational reason.</p><p>2 The way of thinking of the enlargement ratio has theoretical contradiction.</p><p>3 The fundamental volume of flood is very different from the maximum volume of the past flood.</p><p>4 The volume of the flood control is very different from the actual flood.</p><p>5 The difference among the volume of the flood control which was indicated in judicial precedents about the same dam more than doubled.</p><p>‘The technical standard of river erosion control (proposal)’ must be revised in order to reduce the difference between actual result and ‘the technical standard of river erosion control (proposal)’ by including new result of studies, etc.</p><p>In it the procedure must be prescribed in order to include new result of studies.</p><p>I think courts must examine whether there is the difference between the result of adjustment of ‘the technical standard of river erosion control (proposal)’ and the actual flood, etc.</p>

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