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🧑‍🎨 | Joetsu Report <XNUMX> Rediscovering the charm from a new perspective Joetsu City "Naoetsu Umachi Art" has started in earnest ...


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Joetsu Report <XNUMX> Rediscovering charm from a new perspective Joetsu City "Naoetsu Umachi Art" starts in earnest ...

 
If you write the contents roughly
The executive committee consists of 10 members, including shopping streets, neighborhood associations, art, education, and tourism.
 

In July, "Naoetsu Umachi Art" will be exhibited in the Naoetsu area of ​​Joetsu City, aiming for exchange and regional revitalization. → Continue reading

 Joetsu Times

We publish the daily newspaper "Joetsu Times" in the areas of Joetsu City and Myoko City, Niigata Prefecture, and the daily newspaper "Itoigawa Times" in the area of ​​Itoigawa City.
Based on the concept of "local cheering party", the editorial policy is "to support and stimulate the vitality of the area", and the first aspect to be seen in the morning is the citizens (administration) who are doing their best, moving topics, and soothing hearts. It is composed of photographs, etc., and we try to create a page suitable for the start of a refreshing day.


Wikipedia related words

If there is no explanation, there is no corresponding item on Wikipedia.

Neighborhood association

Neighborhood association(Isn't it good)Japan OfVillageOrcityPart of (town) In order to promote fellowship organized by its residents, promotion of common interests, and local autonomy.Voluntary group・ Regional groups and their meetings / meetings.

Residents' association,Town associationAlthough it exists under various names such as, in this section, it is described as "neighborhood association, etc."

Designation

According to a survey conducted by the Ministry of Internal Affairs and Communications in 2003, the name of neighborhood associations is "Residents' association(Jikai)[1]Was the highest at 42.8%, followed by ``Neighborhood association24.6% of the respondents said, “Next”Town association""[2][Annotation 1],Burakukai"(Broken)[3][Annotation 2],ward assembly(Kukai)[4][Annotation 3],Area"(Ku)[5][Annotation 4]And so on.[6]

other"Regional Promotion Association"(Chiiki Shinkou)[7]"Regular meeting"[8],Community(Chiikikai)[Annotation 5],District assembly(Chikukai)[Annotation 6]There are also names such as.

Also, depending on the area,Shopping district,Management associationSuch ascombinationThere are cases where the same organization also functions as a self-governing organization.

Overview

Definition / Features

Minoru Nakata lists the following five points as the basic features of neighborhood associations.[9]

  1. It has a certain area division and the divisions do not overlap each other.
  2. It is composed of households as a unit.
  3. As a general rule, the idea is to join all households.
  4. Comprehensively involved in local issues.
  5. As a result, it becomes an organization that represents the region to the government and external third parties.

According to the judicial precedent, "Neighborhood associations are also called residents' associations, and with residents living in certain areas as members, we strive to promote mutual friendship among members, promote member welfare, and promote cooperation with related government agencies and various organizations. It is defined as "a voluntary organization established for the purpose of doing" (Tokyo Simple Court Judgment, August 19, 8, 7 (c) No. 18).

Name / scale

There is no fixed principle about the names of neighborhood associations,○○ Town Association,○○ Neighborhood Association,○○ Mansion Neighborhood Association(mainlyApartment,ApartmentOften called) or simplyXX meetingThere is also what is called. In many organizations, "○○" is replaced with "Place nameOrHouse displayName ofIs displayed as is, but the natural environment and geographical characteristics of the region,symbolThere are also those that incorporate the name of the house or the name of the house (apartment name) and the company name of the developer into the organization name.

In many cases, the range of neighborhood associations corresponds to traditional areas and villages, but in areas that were developed in the postwar period of the Showa era, development areas (condominiums) were used as a unit within the town area. Due to the history of newly established associations, etc., they may be subdivided from geographical geographical areas.

Each neighborhood association collaborates with another neighborhood association, etc., in the association of “neighborhood association”, “association neighborhood association”AichiToyokawaEtc.)", etc. are organized, or "district" "administrative district" orKyoto school districtIt may have a higher-level area classification such as. The term “unit neighborhood association (etc.)” is sometimes used to refer to individual neighborhood associations, etc. for these higher-ranking organizations.

組織

Approved ground associationIn this case, under the provisions of Article 260-5 of the Local Autonomy Law, there is an obligation to have one representative (often called the "chairperson"). In addition, in accordance with the provisions of Article 1-260, an auditor will be arbitrarily set up.

In the case of voluntary groups, in addition to the above-mentioned "chairman," there are positions such as "vice president (assistant)", "accounting (income)", "general affairs (secretary general)", and these are collectively referred to as "officers". To do. Practical matters may be decided by a joint meeting called “Board of Directors”. In addition, subordinate organizations such as “department” may be established for a specific field of activity, and a position such as a manager may be placed. Depending on the type of members, such as "Elderly Division", "Women's Division", "Youth Division", there are also cases depending on the activity type such as "Crime Prevention Division", "Development Division", "Cultural Division".

In the case of a licensed land-related organization, there is an obligation to establish the rules of the group (often called "constitution") under the provisions of Article 260-2, Paragraph 2 of the Local Autonomy Law. Even in the case of voluntary organizations, in many cases the rules are established.

Important matters such as neighborhood associations are decided at a general meeting in which all household heads of residents who are members participate. In the case of licensed land-related organizations, the regular general meeting is required to be held once a year under the provisions of Article 260-13 of the Local Autonomy Law, but in the case of voluntary organizations, it is often held once a year. In general, the willingness to participate in the general meeting is weak, and in some cases, delegation of the general meeting and participation of only some members are becoming normal.

Neighborhood associations with many members or "Neighboring groupDue to the remnants of "," a group (group) is set up by further subdividing the area, and a position such as "group (group) head" may be set. The group often becomes the smallest organization that communicates notification instructions from neighborhood associations and the administration, and as a communication method,Circular boardAn old-fashioned communication method called "" is used. When the housing unit is the unit of the group, it may be customary for the lender or manager to act as the group leader.

The selection of officers and other positions is often by mutual election,retirement officialMaleDue to the customary rotation by people, and because there are no substitutes, the same person is often appointed until a considerable age.

Finance

There are no clear rules for finance such as neighborhood associations (Approved ground associationIn the case of, only the maintenance of property inventory is obligatory. ), because of the convenience of procedures for subsidies and subsidies in municipalities, in almost all cases, accounting is carried out using the cash-based accounting that ends at the end of March, which is exactly the same as public accounting.

Basically, in addition to the contribution from the subscriber called "membership fee", subsidies from the administration, commission fees,bazaar,fair, Sales, and various donations (names such as cooperation and sponsorship are often used).

As for membership fees, the “Misei percent” is often used in which the income level is judged based on external household characteristics such as the presence or absence of a home, and the amount of membership fees is set progressively. And when you increase.[10]

role

The contents of activities such as neighborhood associations vary greatly depending on regional characteristics and historical characteristics. In the 18 National Life Monitor Survey, "Survey on community connections such as neighborhood associations and residents' associations,"

  1. Communication between residents such as event information and newsletter distribution
  2. Communication of information from municipalities
  3. Bon dance/festival
  4. Streetlight management
  5. Petitions and requests to the government

I was engaged in activities such as.

On the other hand, in the “Public Opinion Survey on Residents' Autonomous Organizations” in the postwar period (1968)

  1. Fundraising (for cooperation)
  2. Communication between city (town) and residents
  3. disinfection
  4. Athletic meet, recreation, travel
  5. Streetlight management

The changes over time can be seen.

Below, only the main activities of the neighborhood association are listed.

Ceremonial occasions and fellowship

Residentwedding,funeralIf there is an event, the neighborhood association will mobilize personnel to operate the ceremony and prepare food. In addition, as fellowship activities between residents, various fellowships such as New Year's parties, physical education activities such as athletic meet, and cultural activities such as singing, dancing, and performing arts will be performed.

About these activities, apart from neighborhood associationsAged society,Women's association,Youth group,Children's associationThere are cases where generational organizations such asFull-time jobIt is often the case that they are practically integrated, such as, and the members of the neighborhood association are supposed to join.

As a place for activities, many meeting facilities called "kaikan" or "meeting place" "local community center" were constructed in the postwar period. In some cases, the neighborhood associations, etc. maintained it voluntarily, and in other cases, it was maintained by the administration. Also,Land readjustment project,Urban redevelopmentAs a part of business, it was sometimes constructed as a meeting facility used by neighborhood associations in the development area. In addition, by neighborhood association, etc. in units of condominiumCommon areaIn some cases, the assembly facility established as a part of this function played this role.

Since the beginning of the Heisei period, due to the spread of wedding halls and funeral halls, the role of assembly facilities has been rapidly reduced, and it has been limited to use at general meetings, board meetings and cultural circle activities.

Festival

Traditionally done in the areaFestivalOperation and subsidy, and maintenance such as cleaning and repair of temples and shrine grounds. In generalGuardian deityThe target of the festival is the shrine, but in the Hokuriku region where Ikko sect is popular.Reward courselikeTempleIt may also be a festival held by.

These activities may be carried out by members of the congregation such as the Citizens' Association and the Danke-kai, in addition to the neighborhood association.Full-time jobIt is often the case that they are practically integrated, such as, and the members of the neighborhood association are supposed to join.

In the case of large-scale festivals, the neighborhood association etc.MikoshiHe also owned ritual equipment such as, and sometimes performed processions and kagura separately. So-called"Fighting festivalIn ", there are often struggles in the neighborhood association, etc., which may develop into a mechanical battle between the regions.

Apart from traditional festivals, the number of festivals that have become commercialized and mass-produced during the Showa period after the war increased. The summer “Bonodori” is the most popular event for neighborhood associations, and it has a wide range of composing songs such as towers and drums, flashy lights, and “○○ Ondo” choreographs for dances and stalls. , Fireworks and karaoke competitions became icons of festivals.

Traffic crime prevention activities

For local traffic safety and crime prevention, local security patrols and attendance at school (School child defender), set up a signboard.

Although these activities are based on voluntary inhabitants' awareness, they are essentiallyPolice stationIs under the control ofNational Traffic Safety CampaignPeople are often donated in other campaigns.

In addition, about these activities, apart from neighborhood associationsRoad Safety AssociationIt may be carried by a voluntary organization such as a crime prevention association or a crime prevention association, butFull-time jobIt is often the case that they are practically integrated, such as, and the members of the neighborhood association are supposed to join.

Also, it was installed for the purpose of night safety.Crime prevention lightIn many cases, neighborhood associations, etc. carry out maintenance.On roads, parks, etc.surveillance cameraThere are also examples of setting up, and some local governments have created installation manuals for neighborhood associations.[11].

Sanitary beautification activities

The most common practice is the installation and maintenance of household waste dumps in the area.

Also for recyclingWaste collection,AntiquitiesWe will carry out environmental maintenance activities such as a bazaar for recycling, disposal of abandoned bicycles, and activities to prevent illegal dumping. Especially for cleaning activities such as roads, parks, drainage canals and rivers,Adapt programIn some cases, the government and neighborhood associations signed an agreement when they were touted.

For urban areas, as a greening activity,Roadside treeThere are also occasions such as creating flower beds.

Public infrastructure maintenance

In a traditional village,Admission placeMaintains and manages jointly owned lands such as and communal graveyards and communal baths. These activities may be carried out by beneficiary groups such as admission groups and graveyard management associations, in addition to neighborhood associations, but officers of neighborhood associations, etc.Full-time jobIt is often the case that they are practically integrated, such as, and the members of the neighborhood association are supposed to join.

In addition, after the postwar period, the number of beneficiaries of infrastructure and the neighborhood association increased as the infrastructure development progressed. Of apartments and complex facilitiesManagement associationIs typical, butLocal group subscription phoneAnd cable broadcasting facility user associations, water and sewage facility user associations, irrigation facilitiesLand improvement area, There is a machine utilization association for agricultural work. In this case, the neighborhood association will maintain and repair the infrastructure equipment, and the beneficiary's contribution will be collected as well as the membership fee.

In addition, in the Heisei period,Community center, Maintenance of welfare facilities, etc.Designated administratorThe number of contracts increased by the system.

In heavy snowfall areas, it is a residential roadMunicipal roadThere is also a strange custom that snow removal is done not at the municipal level but at the expense and responsibility of the neighborhood association.

Firefighting disaster prevention activities

In addition to rescue activities in the event of a fire or disaster, confirmation of safety, evacuation drills in normal times, lifesaving classes, fire prevention and disaster prevention activities such as calling for fire prevention and disaster prevention.

Although these activities are based on voluntary inhabitants' awareness, they are essentiallyFire departmentIs under the control of the disaster prevention officer of the municipality,First appearanceIn many cases, personnel are often donated in general disaster drills.

In addition, about these activities, apart from neighborhood associationsFire brigade,Flood control teamSometimes installed, but it is often the case that they are substantially integrated. Also oftenDisaster Countermeasures Basic LawIt is also positioned as the above voluntary disaster prevention organization.

From the postwar Showa period, neighborhood associations sometimes stored articles for fire and flood damage, but after the voluntary disaster prevention organization spread in the Heisei period,Housing evacuation siteAs the number of people who are required to open and manage a store has increased, they may have stockpiles for disasters.

In addition, evacuation support for persons needing evacuation action may be imposed in the event of a disaster, but since the list of persons requiring support themselves cannot be provided without the consent of the person in question, it is not possible to play an effective role. Not easy.

Collecting donations

Donations are often collected for members of neighborhood associations. Donations for festivals and event expenses held by neighborhood associations (names such as "cooperation fund" and "sponsorship money" are often used. In the case of donations for festivals at temples and shrines, It is also used as the name "Okami Sakedai."), and may also be donated to local welfare and educational facilities.

In addition, maintenance expenses of related organizations such as fire brigade, traffic safety association, and crime prevention association may be collected as donations in the name of “fire-fighting cooperation/crime prevention cooperation money” as so-called “tunnel donation”.

Also, national charities often order neighborhood associations to organize donations.Japanese Red Cross SocietyCommunity chestMost commonly by the Social Welfare Council andGreen donation,Exercise to brighten societyThere are also due to. Although the compilation is voluntary, in most cases, the actual quotas such as "reference" and "target amount" are set for each neighborhood association, and the donation is "PaymentIt has a strong property as ".

Concerning the donation, at the general meeting of each autonomous region, the income and expenditure report for the current year and the budget decision for the next year will be made, and it will be disbursed from the neighborhood membership fee.

Contact with the municipality/business entrustment

Public relations may be carried out as a subordinate organization of the municipality. The most common activity is to distribute a publicity paper, but there are also cases where a circular notice is used to publicize other events and individual awareness.

In addition, outsourcing and subsidy projects often undertake subcontracting of municipal policies. Respect for the elderly, sports activities, lifelong learning activities, etc. are traditional, but in the latter half of the Heisei period, health promotion activities to extend healthy life expectancy, care prevention business to prevent long-term care, and community-based comprehensive care. There were also occasions such as watching over to prevent the death of loneliness.

Due to the nature of the subordinate organization, the approval and notification of the municipalities is almost obligatory for the establishment of the neighborhood association, etc., which is originally a voluntary group, and the change of the area and the change of the chairman.

Various problems such as neighborhood associations

Lower subscription rate

It has been pointed out that the number of households joining and participating in neighborhood associations is decreasing. For example, in a “public opinion poll on resident autonomy organizations” conducted by the Cabinet Office in 1968, the participation rate in neighborhood associations was 88.7% in the city and 90.5% in the towns and villages. According to the "National Life Preference Survey", it has fallen to 2010% overall.

Freedom of association is guaranteed by constitution and international law[12]Because of this, it is not uncommon for new residents to join the neighborhood association, etc.[Annotation 7]In order to prevent a decrease in the organizational rate, there are cases in which members of the neighborhood association stipulate a contract to join the neighborhood association as a condition for condominium sales. However, there are cases where the membership is paid but the membership fee is paid only in the township even if it is subscribed (there are some cases where the membership fee is unpaid (unpaid) even if the membership is rare) ..
The unit of activity of the neighborhood association is assumed to be a family, and the schedule does not consider the living environment of a single person. There are also various events to promote exchanges among members (residents). In some cases, it will not be held due to the aging of residents, and in other cases, new events that have never existed will be planned (fireworks, shrine festivals, festivals,Bon dance, Athletic meet, etc.).

UrbanApartment,ApartmentThen, there are many people who have not joined[13](apartmentManagement associationAnd the condominium residents' association is not the same group). In particular, rental properties are often moved in and out frequently, and there are many single people and double-married couples who tend to be out of their homes. If you live with a family member, you will often be asked to solicit participation, but in the case of single people, many households tend to be absent, so many people refuse to solicit participation and the participation rate is low. Participation rates for neighborhood associations of collective housing were high once, and some households still have membership in all households, but in many single-family/double-income households, the participation rate is less than half.[Source required].

privacy protection

Depending on the neighborhood association, etc., depending on the collected membership fee and the sponsorship of the local company, a list of household addresses and telephone numbers may be distributed, or a guide map/board indicating the whereabouts of the household may be created. However, an increasing number of households refuse to post because they dislike leaking personal information.

Although there was no rule in the past regarding the handling of such personal information,Personal Information Protection LawHas been amended,2017 From May 29, 5, businesses and groups that handle personal information are subject to the Personal Information Protection Law regardless of size or profit or non-profit. Since neighborhood associations and neighborhood associations are also subject to the Personal Information Protection Law, each neighborhood association is required to make rules and handle the acquisition, use, storage, transmission, and disclosure of personal information in accordance with the law.[14]

Condominium, housing complex and neighborhood association

Of the apartmentManagement associationFor the purpose of managing common property,Law on sectional ownership of buildingsHowever, it is often equated with neighborhood associations, etc., and because of being a sectional owner, you are forced to join a neighborhood association, etc., or the management fee of the management association is a membership fee such as a neighborhood association. May be collected indiscriminately.

2007 (19) On August 8, there was a judgment that "the collection of neighborhood membership fees is outside the purpose of the management association" and "the condominium management association should be understood that it is not binding even if it is determined by the rules etc."Tokyo Summary CourtCame out with[15].. Conventionally,Ministry of Land, Infrastructure, Transport and TourismWas notifiedCondominium standard management agreementIn Article 27, there is a provision that "the cost required for community formation among residents in consideration of the local community" can be collected, and in fact, the government permits the management union to collect membership fees such as neighborhood associations. However, in response to the above-mentioned case, when the standard management agreement was revised in 2011, the government commented that “community association fees, neighborhood association fees, etc....are to be borne by the residents voluntarily.” It is different from the management cost, which is the cost for managing the management." When the Standard Management Regulations were revised in 2016, the relevant part of Article 27 of the regulations was deleted.

In addition, even if it is a housing complex for rental housing, if the neighborhood association actually collects the common service costs, the residents will naturally be forced to join the neighborhood association. Also about this2005 On April 4th, the neighborhood association, etc. said, "Because it is not a compulsory member organization, and there is no provision to restrict the withdrawal of members in its rules," it is decided that withdrawal is free. It came out in the Supreme Court.[16]

Religious freedom

Neighborhood associations are local shrines (especiallyShrine), the cost will be collected as if all members were siblings, but this would force members who do not believe in the sect of the shrine to participate in religious events against their own beliefs. Will be done. about this,2002 May 4In addition, even if it is a shrine that has penetrated into the area, "religiousness is not denied", so shrine related expenses are collected together with membership fees such as neighborhood associations in the situation where payment cannot be practically avoided. "In effect enforces participation in religious acts."Religious freedomOr violates freedom of religion.”Saga District CourtCame out.

Forced donation

As mentioned above, the Japanese Red Cross Society and community chest collect the actual amount of donation to the neighborhood associations. about this2007 On August 8th, group leaders and group leaders who could not meet the collection quotaSuicide businessIn order to eliminate the situation where the donation is being paid by the above, regarding the case where the donation is added to the membership fee of all members and collected, it is "to deprive the opportunity of arbitrary decision making on donations and donations", "the compulsion is "It exceeds the socially acceptable limit" and is "invalid against public order and morals"Osaka High CourtCame out. In addition, these quota collections are based on Article 116 of the Social Welfare Act,Law on promotion of forest maintenance by green donationArticle 16,Japanese Red Cross Society ActThere is also the possibility of violating the law itself, such as Article 13, paragraph 1.

History

Originally from 1937Sino-Japanese warSinceJapanStarted to be organized in various places,Taisei Tsubasa CouncilUnder1940 May 9It will be officially maintained by the government in accordance with the Ministry of Home Affairs Decree No. 17, “Burakukai Neighborhood Association Maintenance Guidelines”. Among them, a town association was formed in the city area and a village association was formed in the village, and the role of "local residents' basic organization Tart co-ni municipal subsidy toss" was positioned. In addition, as a subordinate organization, the neighborhood maintenance group (about 10 units)Neighboring group) Was also placed. further1943 As a result of the amendment of the law, the mayor of the municipality said, "Citizens of the neighborhood association and their council members will be assisted.[17]And became a subordinate organization of the municipality in a legally clear manner. They areWartime regimePlayed a major role in maintaining.

Due to postwar democratization, the so-called May 1947, 5Potsdam Ordinance15 No.[18]Was promulgated, and the formation of "City Association", "Burakukai" and their "Federations" was prohibited.San Francisco Peace TreatyThe Act on the Abolition of the Order Concerning the Acceptance of the Potsdam Declaration (Act No. 27 of 81) enacted with the entry into force of the Potsdam Declaration includes the above-mentioned Cabinet Order, and the Potsdam Order including the above-mentioned Cabinet Order is 1952, six months after the peace treaty came into effect. Since it expired on October 10, it was reorganized as a self-governing body.

High economic growth, Local public health, crime prevention, traffic safety, cultural promotion, etc.Jewelry businessBut often as a "social movement." In this movement, neighborhood associations, etc. are positioned as voluntary implementing bodies in each region, and are directly responsible for various life improvement activities such as management of garbage collection points, traffic safety activities, crime prevention patrols, and cleaning and greening activities. became. This greatly contributed to the improvement of local life in the Showa era, but on the other hand, as the number of persons carrying out activities such as neighborhood associations decreased from the latter half of the Showa era to the Heisei era, the burden of these mandatory customary activities was continued. Has increased relatively, causing the exhaustion of neighborhood associations.

In addition, it is not possible to distinguish between beneficiaries and non-beneficiaries such as installation of crime prevention lights on public roads and maintenance of parks, and it is clear that the administration does not carry out tasks that belong to public infrastructure, and is a voluntary member organization The customs practiced by neighborhood associations created beneficiaries who did not participate in neighborhood associations, which led to an unfair feeling for those who participate in neighborhood associations.

In the first half of the Heisei era, functions such as neighborhood associations were emphasized to maintain regional vitality such as disaster prevention. Before the war, it was allowed with the permission of the municipality[19]Although I could not own real estate after the war,Local government law3 (1991 ) By amendment, based on Article 260-2 of the same lawReal estate(Meeting place and jointCemeteryEtc.)registrationBecame able to[20].. In addition, the Ministry of Internal Affairs and Communications has created ""Guide for managing community groups"-for residents' associations, neighborhood associations, and other groups engaged in community activities-" and enacted regulations for enrollment in neighborhood associations, etc. Many local governments[21].. Especially NaganoKomoroThe "Komoro City Autonomy Basic Ordinance" enacted in 2010 became a hot topic as the only ordinance nationwide to force members to join the neighborhood association, which is originally a voluntary organization.

On the other hand, "New publicSince then, the division of roles between public assistance and mutual assistance has been exclaimed, and there has been a demand for a "regional management organization" that has extremely high functions as a bearer of mutual assistance. It is difficult for a neighborhood association to take charge of this alone, and if a consortium that gathers together other regional groups is proposed as a model to become a regional management organization, attention will be paid to the regeneration and promotion of the neighborhood association. Is relatively low.

Prototypes and theories of neighborhood associations

No consensus has been reached on where to find the prototype of the neighborhood association. HoweverRegional sociologyAccording to the general understanding of thequintetIt is said that it appeared in a clear shape in modern times. Also, in GHQ research after World War II,[22], The origin of the organization in the townRenewal of DahuaIt is being examined retrospectively to the introduction of the five-person system at that time.

Negative evaluations are likely to be made negatively if we focus on the state of the wartime system, but academically, it is considered in terms of both life and domination in view of such historical background. In the theoretical evaluation, the following positions are mainly divided:[23].

Modernization theory

Modernization theoryPostwar democracyThe neighborhood association, etc.Modernization=UrbanizationIt is in a position to be argued as a feudal system that goes against. It is emphasized that the neighborhood associations were always suitable for the "above" penetration of the national will (administrative initiative). Such arguments areFeudal systemHe was confused with the feudal ideology and was criticized for being trapped in modern ideology.

Cultural theory

Cultural type theory took a contrasting position to modernization theory. Although there are many theories, for example, the neighborhood association as a "Japanese culture" is positively evaluated, for example, the emphasis is placed on the ubiquity and continuity of group forms such as neighborhood associations. As a representative theorist,Nakamura HachiroIs mentioned. Although he succeeded in focusing on the autonomy of local life, which was not emphasized by modernization theory, he did not make a dynamic analysis that took into account historical changes, as much as asserting its archetype. There was no choice but to have some kind of ideology.

Governance/Beyond Life

After that, the neighborhood association controversy showed a theoretical deepening through the controversy between modernization theory and cultural type theory.[24], The limits of dichotomy problem setting, "dominance" (modernization theory) or "life" (cultural type theory), became clear. In order to exceed this limit, new historical analysis is currently underway, along with comparative analysis with local community organizations in Asia and interest in local autonomy.

Positioning of neighborhood associations

Originally, neighborhood associations, etc.Association without rightsIs. According to the Local Autonomy Law, it is positioned as a "group based on the ground" (ground related group).

On the other hand1959 The Basic Law for Disaster Countermeasures, which was enacted by the typhoon of Isewan in Japan, emphasized disaster prevention activities among residents in the local community, andVoluntary disaster prevention organizationThere is a regulation regarding the installation of the building, which is supposed to be installed mainly as a neighborhood association. Moreover, in recent years, the importance of local communities has been recognized,1991 It was stipulated as a "group by the ground" in Article 4-260 of the Local Autonomy Law established by the revision in April,Local governmentWith the approval of the chief ofApproved ground associationAs a corporate name,Real estateRegistration is now possible. In addition, there was an example of acquiring the legal personality as an intermediate corporation based on the former Intermediate Corporation Law.[Source required].

Freedom to join and leave

The neighborhood association is a voluntary organization and you can withdraw from it freely.PTAAs for, about the fact that the Asahi Shimbun reported that it was a voluntary organization and that it was possible to leave the club freely, it can be said that the knowledge about this point is not sufficiently widespread. In recent years, there have been signs of enrollment promotion activities by local assembly members, government offices, and neighborhood association officials who are worried about the decline in the neighborhood association rate. There are also cases in which the garbage collection problem is used in reverse, forcing membership.[25]However, residents who are not willing to join can express their thoughts and refuse.

Court cases regarding neighborhood associations

Outline of court cases

About neighborhood associationsCourt caseOut ofSupreme CourtJudgment itself was made only by the Supreme Court, April 2005, 17, Third Judgment of the Small Court (4 (Received) No. 26).

前述の「最高裁判所 2005年(平成17年)4月26日 第三小法廷 判決」(平成16年(受)第1742号、自治会費等請求事件)と、「大阪高等裁判所 2007年(平成19年)8月24日 判決」(平成18年(ネ)第3446号、決議無効確認等請求控訴事件)は、Yuhikaku"4 selections of local autonomy cases XNUMXth edition" (separate volumeJuristo No.215,2013 May 6Release).

Court case

Tokyo High Court decision on February 1996, 2

  • Case name: General waste discharge injunction request appeal case
  • Plaintiff/Defendant: The person who proposed the rotation system for fairness is the plaintiff. The person who refused it was the defendant.
  • Win/Loss: Loss of those who did not comply with the rotation system.
  • Trial process
    • First Instance: Yokohama District Court Judgment
    • Second trial: Tokyo High Court 1996 (8)May 2 Judgment (confirmation) (Case number: 7 (N) No. 3848)
    • Third Instance: Supreme Court 1997 (9)May 4 Decision (rejection of appeal)

The damage was concentrated on a specific household due to the fixed housing area, so the Supreme Court ruled in 1997 that the residents who refused the proposal from the damaged household that they want to turn it On April 4, it was decided that the residents who refused the proposal of fairness from the victims would be prohibited from taking out the garbage to the place. For more details, the Tokyo High Court ruled on February 11, 1996 (Tokyo High Court Decision 2 Judgment Bulletin No. 28, p. 8.2.28). The defendant appealed it, but the Supreme Court rejected it, so the Tokyo High Court's decision became the final decision.[26]

Saga District Court April 2002, 4 Judgment

  • Case name: Status confirmation request
  • Plaintiff/Defendant: A plaintiff is a resident (married couple) who has been banned from the residents' association as a result of refusing to pay the shrine-related expenses that were collected collectively in the residents' association fee. The exterminated residents' association and its president are the defendants.
  • Win/Loss:
  • Trial process
    • First Instance: Saga District Court Civil Department 2002 (14)May 4 Judgment (confirmation) (Case number: 11 (Wa) No. 392) (Judgment Time Report No. 1789, page 113)[1]
    • Second trial:
    • Third trial:

SagaTosu CityA couple living in the city was excluded from the residents' association as a result of refusing to pay the shrine-related expenses included in the residents' association fee. The couple filed a lawsuit against the residents' association and the chairman of the residents' association to confirm their status as a self-governing member and to pay compensation. The Saga District Court2002 (14)May 4In this judgment, he admitted the plaintiff's status as a self-governing member, saying, "The collective collection of specific religious expenses infringes religious freedom and is illegal contrary to the purpose of the Constitution."[27][28]

Supreme Court April 2005, 4 Third Judgment of the Small Court

  • Incident name:
  • Plaintiff/Defendant: The residents' association is the plaintiff. Residents who have shown their intention to withdraw are defendants.
  • Win/Loss: Won a non-autonomous member. Loss of residents' association.
  • Trial process
    • First Instance: Saitama District Court 2004 (16)May 1 Judgment (case number: 15 (wa) No. 1993)
    • Second trial: Tokyo High Court 2004 (16)May 7 Judgment (Case Number: 16 (Ne) No. 946)
    • Third Tribunal: Supreme Court, Third Small Court 2005 (17)May 4 Judgment (Confirmation) (Case Number: 16 (Received) No. 1742) (Collecting [Supreme Court Court Civil Affairs] No. 216, 639) (Judgment Time Report No. 1897, p. 10) (Judgment Times No. 1182, 160) Page) (Financial and Commercial Cases No. 1232, 40 pages) (4 Selections of Local Autonomy Cases, 5th Edition, 12 [page XNUMX])[2]

Saitama Prefectural Housing Honda Second Housing Complex (Niiza city) In a trial contested for withdrawal from the residents' association,Supreme CourtThe third tribunal2005 (17)May 4"The Residents' Association is not a compulsory member, and you can withdraw from it freely."[29]. In this case, the residents who had joined the residents' association were appealing because they were dissatisfied with the operation of the residents' association, asking for their withdrawal. Non-autonomous member wins. Loss of residents' association.

Tokyo Summary Court August 2007, 8 Judgment

  • Incident name: Administration fee billing case
  • Plaintiff/Defendant:
  • Win/Loss: Non-government member wins (the side that has unjustified the collection of community association fees by the management association). The management union lost the law that the collection provided by the agreement was valid.[15]
  • Trial process
    • First Instance: Tokyo Summary Court Civil Affairs Room 5 2007 (19)May 8 Judgment (confirmation) (Case number: 18 (C) No. 20200)[3]
    • Second trial:
    • Third trial:

In a judgment of the Tokyo Summary Court, which was disputed over the payment of the management association fee including the neighborhood association fee, it was said that "it is not binding even if the fee equivalent to the town association fee is set by the condominium management association's rules etc."[30]. The presidency on the side of unjustifying the collection of neighborhood association fees by the management union. The management union lost the law that the collection defined in the rules was valid.[15]

Osaka High Court August 2007, 8 Judgment

  • Case name: Appeal case for request for confirmation of invalidation of resolution
  • Plaintiff/Defendant:
  • Win/Loss: Won a non-autonomous member. Loss of residents' association.
  • Trial process
    • First Instance: Otsu District Court 2006 (18)May 11 Judgment (case number: 18 (wa) No. 242)
    • Second trial: Osaka High Court 13th Civil Department 2007 (19)May 8 Judgment (Decision) (Case Number: 18 (Ne) No. 3446) (Journal Case Bulletin No. 1992, p. 72) (4 Selections of Local Autonomy Cases, 6th Edition, 14 [p. XNUMX])
    • Third Instance: Supreme Court, First Small Court 2008 (20)May 4 Decision (rejection of appeal)

Kibogaoka Residents' Association in Koga City, Shiga PrefectureCommunity fundThe Supreme Court's first small court rejected the Residents' side's appeal on April 2008, 4 in a court dispute over a decision to add and collect donations to the Residents' Association fee. The decision of the Osaka High Court that the addition of the donation is forced to invalidate is finalized[31]. Regarding the collection of donations by the residents' association, in addition to adding to the residents' association fee, officers such as group leaders are forced to collect donations, and they are effectively forced to donate by the door-to-door collection of the residents' association, which is hard to refuse. Has become a problem everywhere[32][33]. Non-autonomous member wins. Loss of residents' association.

Fukuoka High Court February 2014, 2 Judgment

  • Case name: Appeal case for confirmation of absence of status
  • Plaintiff/Defendant:
  • Win/Loss:
  • Trial process
    • First Instance: Fukuoka District Court 2013 (25)May 9 Judgment (case number: 24 (wa) No. 898)
    • Second trial: Fukuoka High Court 2014 (26)May 2 Judgment (confirmation) (Case number: 25 (N) No. 927)
    • Third trial:

A ruling has been finalized, which allows for a request for a solitude, for example, for persistently requesting to join the residents' association.

Tokyo High Court September 2017, 9 Settled

  • Incident name:
  • Plaintiff/Defendant: The plaintiff is a person who is prohibited from using the garbage collection site by the neighborhood association just because he is a non-autonomous member. The city is the defendant.
  • Win/Loss: Won a non-autonomous member. City defeat.
  • Trial process
    • First Instance: Saitama District Court Kumagaya Branch 2017 (29)October Judgment
    • Second trial: Tokyo High Court 2017 (29)May 9 Settlement
    • Third trial: None.

SaitamaHigashimatsuyamaWas settled by "making citizens aware that the garbage collection point is available to everyone"2017 (29)May 11Revealed to[34].. Non-autonomous member wins. Municipal defeat.

Other neighborhood associations

East Asia,Southeast AsiaAs in the case of Japanese neighborhood associations, local residents' organizations based on the ground edge are universally seen. In regional sociology, comparative analysis is underway for these subjects. In those studies, the logic of the life of the local people, which is the background of its establishment, is clarified even in the government-made organization.

The United States of AmericaThe Neighborhood Council (Neighborhood Council) is an organization similar in structure to the Japanese neighborhood association.Neighborhood association)[35].

Collaboration with other regional organizations

As another organization that shares the same community with the neighborhood associationSenior club, As a related memberPublic/Child Committee,Specified nonprofit corporationThere are (NPO corporations), etc., but the challenge is to proactively promote cooperation with other organizations beyond the boundaries of the organization.

footnote

[How to use footnotes]

注 釈

  1. ^ Town councilIs different from.
  2. ^ Mostly in rural areas. Also called Buraku.
  3. ^ Ward assemblyIs different from.
  4. ^ Of Tokyospecial area,Government-designated city OfAdministrative districtIs different from.
  5. ^ Also called a region.
  6. ^ Also called a district.
  7. ^ On the other hand, despite the freedom of association, local governments are reluctant to have multiple self-governing bodies with overlapping memberships in the area in parallel or in competition.

Source

  1. ^ Urayasu City Neighborhood Association Federation
  2. ^ "About neighborhood association, residents' association | Hachioji City". Hachioji City. NovemberBrowse.
  3. ^ "Yamada Burakukai | Akita Citizenship Information Network”. Akita Prefecture Citizen Activity Information Net Secretariat. NovemberBrowse.
  4. ^ "Let's join ward association, neighborhood association, residents' association-Ageo City website”. Ageo City. NovemberBrowse.
  5. ^ "[Oita City] There seems to be neighborhood associations, neighborhood associations, wards, etc. What is the difference?”. Oita City. NovemberBrowse.
  6. ^ Ministry of Internal Affairs and Communications Study Group on New Way of Community H20-7-24 Handout (PDF)
  7. ^ "It seems that other municipalities are often called by names such as "residents' associations" and "neighborhood associations."""Organization Overview-Osaka City Promotion Association / Osaka City Red Cross Service Group”. Osaka City Regional Promotion Association, Osaka City Red Cross Service Group. NovemberBrowse.
  8. ^ "Demae Masaki (Village mayor goes to a regular meeting) Asahi Village Office”. Asahi Village. NovemberBrowse.
  9. ^ Minoru Nakata "City Neighborhood Association/Society in the Age of Decentralization" (Municipal Research Institute 2007) pp.12
  10. ^ Minoru Nakata "City Neighborhood Association/Society in the Age of Decentralization" (Municipal Research Institute 2007) pp.119
  11. ^ "Guidance for installing local security cameras". 横 浜 市. NovemberBrowse.
  12. ^ In particularUniversal Declaration of Human RightsParagraph 20 of Article 2 clearly states that "no one is obliged to belong to a society".
  13. ^ "Promotion of real estate agent agreement Nerima Ward to promote neighborhood membership" Nihon Keizai Shimbun February 2018, 2 (Tokyo)
  14. ^ Starting from May 29, 5, small businesses, residents' associations, and alumni associations are also covered. "Personal information protection" rules you should know Government public relations online
  15. ^ a b c Reference 1 About the relationship between the management association and the residents' association (PDF)
  16. ^ Supreme Court decision (PDF)
  17. ^ Article 153 of the Tokyo Metropolitan System, Article 18, Paragraph 80 of the City System after revision by Law No. 94 of 3, Article 18 Paragraph 81 of the Town and Village System after revision by Law No. 78 of 2
  18. ^ The official subject is "Government Ordinance on Dissolution of Neighborhood Associations or Their Associations, Restriction on Employment Prohibition and Other Acts" (Government Ordinance No. 22 of 15).
  19. ^ Article 153 of the Tokyo Metropolitan System, Article 18-80 of the City System after revision by Law No. 88 of 2, Article 18-81 of the Town System after revision by Law No. 72 of 3
  20. ^ About residents' association, neighborhood association (PDF) Ministry of Internal Affairs and Communications (read January 2018, 3)
  21. ^ "Legal Consideration of Ordinance for Promotion of Residents' Association" "City and Governance" vol.26 (PDF) Mai Kushiro (Japan City CenterResearcher), browsed on March 2018, 3
  22. ^ "Neighborhood Organizations in Japan-A Preliminary Study of Neighboring Groups" 1949
  23. ^ Naoki YoshiharaAccording to the organization of "Local Community Organization in Asia"
  24. ^ "Voluntary association theory", "living municipality theory", "residential association theory", etc.
  25. ^ Don't join the residents' association → Don't use the garbage dump To the trouble spot in your neighborhood Asahi Shimbun "News 4U"
  26. ^ Written "Neighborhood associations and residents' associations in the age of decentralization" p. 41
  27. ^ Minoru Nakata, Takeo Yamazaki, Yoji Ogiso, and Tadashi Koikeda, "Understanding all of the neighborhood association!" Question/Difficulty 100 Questions 100 Answers”, Jakometei Shuppan, 2008, 135 pages (Q76 Should the neighborhood association cooperate with the festival of the shrine?, Chapter 5 I want to run the neighborhood association in a fun way)
  28. ^ "Asahi Shimbun", April 2002, 04
  29. ^ Supreme Court decision (PDF)
  30. ^ Binding force when the collection of the neighborhood membership fee is determined by the management agreement -Tokyo Simplified Court Decision, August 2007, 8
  31. ^ Osaka High Court decision (PDF)
  32. ^ Review fundraising activities -Shimane site
  33. ^ About JRCS fund and community chest -Wakayama City site
  34. ^ Sankei News, Higashimatsuyama City and residents, posted on settlement site due to trouble with garbage collection site / Other requests abandoned Saitama
  35. ^ .Ryoko Kobayashi (February 2011, 2). “Residents' Autonomy in the United States-Focusing on Organizations by Local Residents- (PDF)". Clair Report No. 353Council of Local Authorities for International Relations. NovemberBrowse.

References

  • Kosetsu Kamiya"How far do you want to go, neighborhood association" Poplar Publishing Co., Ltd. <Poplar New Book>, February 2017, 2.ISBN 978-4-591-15339-0.
  • Kosetsu Kamiya"Is the" neighborhood association "obligatory? : Practice of Community and Freedom ”Shogakukan <Shogakukan Shinsho>, October 2014, 10.ISBN 978-4-09-825207-7.
  • Kazushi Tamano "11 History and Meaning of Neighborhood Associations",Kiyoshi MoriokaEd. "Urban Social Structure Theory" published by The Society for the Promotion of Education, The Open University of Japan, released by NHK Publishing <The Open University of Japan Graduate School Teaching Materials>, March 2018, pp. 3-152.ISBN 978-4-595-14103-4. 
  • Go Nakagawa"Neighborhood Association-Japanese sense of autonomy" Chuko Shinsho, 1980.
  • Naoki Yoshihara"Postwar Reform and Local Citizens' Organization-City Neighborhood Associations under Occupation" Minerva Publishing, 1989.ISBN 9784623019359.
  • Naoki Yoshihara, "Local Community Organization in Asia-Neighborhood Association/Street Party/RT/RW", Ochanomizu Shobo, 2000.ISBN 9784275018250.
  • Minoru Nakata, "Neighborhood Association/Society in the Age of Regional Decentralization", Local Government Research Company, 2007.ISBN 9784880374840.
  • Minoru Nakata, Takeo Yamasaki, Yoji Ogiso, Tadashi Koikeda "I understand everything about the neighborhood association!Question 100 Questions 100 Answers ”published.ISBN 9784880434087
  • Minoru Nakata, Takeo Yamasaki, "Forefront of Local Communities", Municipal Research Institute.ISBN 9784880375618
  • Edited by the Study Group for Local Relations, "Guide for Incorporation of Newly Revised Neighborhood Associations, Neighborhood Associations, etc." Gyosei. ISBN 432405580C3030
  • Published by the Society for Creating Japan Tomorrow "Jichikai Neighborhood Association Information Magazine Machimura" (quarterly)

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