A Research of Law Systems Using Air-Rights for Conservation of Urban Landscape.

以旧金山市为例，研究了城市景观保护的法律体系。将“管制”、“检讨”、“联动”等14种方法结合起来，向发展方施压，以保护所有各自的景观元素。为了找出日本法律制度存在的根本问题，本文对美国和日本的航空权“联动”制度进行了比较。首先对上海的“开发权转让”制度与日本的“特定街区规划体系容积率转让”制度和“区域规划体系容积率合理分配”制度进行比较。根据这些研究，日本的制度效率相对较低，不利于保护计划的顺利实施。此外，这主要归因于日本僵化和官僚的房地产控制系统。通过对上海的“激励分区制”和日本大阪市的“综合设计制”进行比较，可以看出日本的“综合设计制”更为系统化和精心控制。但是，对大阪市50个由该系统组成的开放空间的案例研究表明，由于周围系统的不可修复性，其中许多没有有效地执行。

The law systems for the conservation of urban landscape in San Francisco were researched as an example of the advanced urban design. The 14 techniques categorized in to "regulation", "review" and "linkage" are employed and combined in order to pressure development powers to conserve all respective landscape elements.To find out the fundamental problems of the Japanese law system, the systems of "linkage" using Air-Rights were compared between in S.F.and in Japan.At first, the systems of "Transfer of Development Rights" in S.F.and "Transfer of Floor Area Ratio in Specific Block Planning Systems" and "Reasonable Distribution of Floor Area Ratio in District Planning System" in Japan were compared. According to these studies, the Japanese systems were comparatively in efficient and inconductive to the smooth implementation of the conservation plans. Furthermore this owes primary to the ossified and bureaucratic real estate control systems of Japan.The systems of "Incentive Zoning System" in S.F.and "Comprehensive Design System" of Osaka City, Japan were compared, and it was shown that Japan's system was more systematic and carefully controlled. But, the case study of 50 examples of open spaces made of the system in Osaka City revealed that many of them were not executed efficiently, due to inamenability of the surrounding system.