2005 Fiscal Year Final Research Report Summary
Privatization of providing goods and services and responsibility of Local Government
| Project/Area Number |
15530029
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | KWANSEI GAKUIN UNIVERSITY |
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Principal Investigator |
MAEDA Masako KWANSEI GAKUIN UNIVERSITY, School of Law and politics, professor, 法学部, 教授 (90248196)
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| Project Period (FY) |
2003 – 2005
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| Keywords | local government / privatization / responsibility / administrative law / social service / facility / delegation / guarantee |
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| Research Abstract |
In this study entitled "Privatization of providing goods and services and responsibility of Local Government", we have first made analysis on the legal structure of the privatization of (1) service of public facilities and (2) social service, which are regarded as typical examples of provision of goods and services, and, second, tried to make clear the legal responsibility which local government should assume.
In the field of service of public facilities, the system of designated administrator has been introduced, and under this system, the "responsibility to accomplish" to provide service is supposed to be taken through the exercise of power to regulate and supervise the designated administrator. Despite the change of legal form from contracts (to delegate administrative service) to unilateral acts (of designation), it is necessary to presuppose the relationship of delegation. In this sense, we observe the continuity from the old delegation system. Thus, "the responsibility of accompli
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shment" of local governments can be drawn from their legal status as subjects to delegate. Individual can, therefore, recourse to court for seeking accomplishment of local governments' obligation to provide service of public facilities.
In the field of social service, local governments take "the responsibility of guarantee" through advice, inducement, guidance and other "soft" means in the relationship including the process of concluding contracts of social service between individuals and private service providers. In this aspect, it is difficult to find some theory for individuals to seek to be provided social service against local governments. The ex officio measures of social service, however, still work as subsidiary means to long-term care insurance or support money. We may say that through such measures, local governments assume obligation to provide social service, and individuals have the correspondent right. These relationship can be considered as a concrete form of "the right to maintain the minimum standards of wholesome and cultured living" under Article 25 of the Constitution. Less
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[Book] 行政訴訟の実務2006
Author(s)
行政訴訟実務研究会
Total Pages
400
Publisher
第一法規出版
Description
「研究成果報告書概要(和文)」より
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