Research Abstract |
Up to this time, I attempt to investigate three legal problems as the following; (1) Legal problems on the welfare placement system unique to Japanese social welfare administration. First, I study several problems such as admission to the social welfare facility, commission of placement, relation between the resident ( person admitted to the social welfare facility ) and the social welfare facility, expense for welfare placement and fee-charging in social welfare, from the viewpoint of public administrative law. I arrived at a conclusion that under the present welfare placement system national government and local government offer social welfare service on their own responsibility. Next, I comment on the present "Reformation of Welfare Placement System" from the above standpoint. Advocates of the Reformation of Welfare Placement System insist on changing the legal form of admission to the social welfare facility from the administrative act to the contract. However this means to reduce governmental responsibility for the social welfare. (2) The right to admission to the social welfare facility. On this subject I study a judgement of Tokyo District Court ( Sep. 30, 1986 ) and a judgement of Sendai District Court ( Jul. 29, 1986 ). (3) The reformation of the agency delegated function in the social welfare administration. On this problem I study the amendment of the Child Welfare Law ( Article 24 and 56 ) in 1986.
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