In the evening, Eto Law Firm.

The room was already dark, except for the TV that was turned on, emitting some dazzling light. Beiyuan lay on the sofa, yawned lazily, stretched, and glanced at the TV. He saw that there was something playing on the TV.

There is a talk show, and the content of the show happens to be about the lawsuit of the General Hotel. On the screen, the female host is showing a sweet smile and introducing the guests in the show.

"Good evening, dear viewers. Welcome to this episode of the Legal Counseling Institute. I believe that all viewers have already heard about the recent disputes at the General Hotel. The hotel only occupied two square meters of land because of the load-bearing pillars.

The hotel may be forced to demolish the entire building. This matter has attracted public attention. Whether the Grand General Hotel should demolish the entire building is a very interesting legal issue."

"Today we specially invited two guests to discuss this incident together." The female host sat on the chair, turned slightly and faced a bookish middle-aged man next to her, "The person sitting next to me is from the University of Tokyo.

Associate Professor Hideyuki Yasukawa of the Faculty of Law. Professor Yasukawa's main field is legal sociology. During his studies abroad, he studied under the famous sociologist Emerson Yasukawa. The unique feature of his research is the combination of law and sociology.

A lot of interdisciplinary cross-research. Many of his papers once aroused heated discussions in the academic world."

Listening to the female host's introduction, Yasui sat behind the table, nodded slightly toward the camera, and said hello to the audience.

Then, the female host turned to the younger-looking man on the other side, "The other one is Yuta Saiki, a senior investigative reporter. Reporter Saiki has always been known for writing in-depth investigative reports to expose current abuses. This time

, we have also invited him to be the talker for this show."

Qi Mu listened to the introduction and nodded to the camera.

"Okay. I would like to ask Professor Yasui to talk about his views on this dispute at the General Hotel." The hostess tilted her head slightly and looked at the quasi-professor of the Faculty of Law of Tokyo University next to her.

Yasukawa nodded rather embarrassedly, "Thank you for the invitation to today's program. In fact, the host also introduced it just now. My major is legal sociology, which is not the same as being a law professor in the conventional sense of studying legal hermeneutics.

Same. I am not particularly familiar with real estate laws. Therefore, today, I cannot make a judgment on the specific legal issues involved."

"However, there is actually a very important issue behind the incident at the General Hotel. That is the limits of the exercise of our private rights. In other words, can we exercise our private rights to the limit without being restricted?

In this case, according to the information currently available, the land of the General Hotel has indeed occupied two square meters of the other party's land. There is no doubt that the owner of the occupied land can exercise his private rights and request that the obstruction be removed and the General be allowed to

The hotel removed the pillars. However, we can see that this exercise of private rights led to an extremely serious consequence. That is, the entire building was forced to be demolished along with the removal of the load-bearing pillars."

"There is no doubt that the cornerstone of our modern civilized society is the protection of private rights. However, with the development of our society, production and housing have become more sophisticated and complex, and sometimes the exercise of private rights often leads to

Unintended consequences. So in this case, wouldn’t it be inappropriate to still adhere to the old creed of supremacy of private rights and turn a blind eye to the latest changes and developments in society? The same is true for this case.

There is no problem for the owner of the occupied land to exercise his private rights and request that the obstruction be eliminated."

"If it were in the past pastoral village era, this lawsuit would not have had any unexpected consequences. However, the current era has changed dramatically. Many people now live in very large urban agglomerations.

There are many types of high-rise buildings here. What is very interesting is that in the city, private rights to land are greatly restricted. The property rights of land must be subject to the land planning related to the city hall."

"I think this case will rekindle the discussion on the boundaries of the exercise of private rights, which is of great significance to contemporary society." Yaskawa concluded.

The investigative reporter Qi Mu next to him shook his head after hearing these words. Without waiting for the female host to speak, he said: "I'm afraid I don't agree with Professor Yasukawa's point of view. The point that Professor Yasukawa wants to express is nothing more than that private rights are obsolete.

To adapt to the development of modern society. However, Professor Yasukawa himself admitted that the foundation of modern civilized society is private rights. It is the protection of private rights that has enabled us to get out of the cruel history of people being dominated by feudal monarchs and out of more than a thousand years of history.

The cycle of chaos and chaos under the shogunate’s rule over the years.”

"Let me ask Professor Yasukawa. How can something like foundation become obsolete? If foundation can be discarded and restricted, can this kind of thing still be called 'foundation'? I think that in modern society, private rights are not only

It will not become obsolete, but will become more important. Professor Yasukawa believes that the development of modern society has made society too complex, so the exercise of private rights will cause unpredictable consequences and needs to be restricted. But this

This does not prove Professor Yasukawa's point of view. If society becomes too complex and becomes unpredictable, will the restrictions on private rights also lead to unpredictable consequences?"

"The more complex society becomes and the more difficult it becomes to understand, the more it needs a decentralized, trial-and-error method for coordination and improvement. And this decentralized, trial-and-error system can only rely on a private society. As for

The example of urban land planning cited by Professor Yasukawa is not appropriate. In fact, there are a large number of real-life examples of inefficient land planning and causing a lot of problems."

"Let me go back to the case of General Hotel. Private rights must be fully protected. This is not a question of whether the creed is old or not. If you can give up 2 square meters to the hotel today, what about tomorrow? Is it another time?

A Prince Hotel can occupy an area of ​​3 square meters? Then there are 4 square meters and 5 square meters. In this way, what is the end? The reason why a civilized society is a civilized society lies in the emphasis on and protection of citizens' private rights.

.”

The smell of gunpowder between the programs became thicker. Soon, Professor Yasukawa and Reporter Saiki started arguing about the limits of the exercise of private rights. For about twenty minutes, they exchanged words with each other.

You come and go. The female host seemed not to have expected that this topic would cause such a heated exchange, and she was a little busy maintaining the order of the debate...

Beiyuan sat on the sofa, watching the show and sneered.

the limits of private rights.

I didn't expect to see this kind of discussion on a Japanese program.

Beihara stood up, turned on the lights in the law firm with a "pop" sound, looked at the files in the Grand General Hotel next to him, and said quietly to himself, "I don't know how the judges in the tribunal view this.
Chapter completed!