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2006 Fiscal Year Final Research Report Summary

The Reform of Social Welfare and "Contract for Welfare Service

Research Project

Project/Area Number 17530072
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Civil law
Research InstitutionChuo University

Principal Investigator

KASAI Osamu  Chuo University, Law School, Professor (00185737)

Project Period (FY) 2005 – 2006
Keywordscontract for welfare service / better quality of welfare service / contract law / social welfare / 自己決定 / なす債務
Research Abstract

The recent fundamental reform of social welfare has brought a dramatic change of the supplying system of social welfare service in Japan.
Before the reform, it depended on a direction of an administrative agency whether an elderly or handicapped person can get welfare service and what kind of service they can be supplied. In such a system, there were sometimes mismatches between the needs of the people and the directions of the administrative agency. Moreover, the service supplying companies had neither competition nor motive to improve the "quality" of the service they should supply. After the reform, an elderly or handicapped person would make a contract with any company for supplying better welfare service that they need. They could select a suitable company and proper service by themselves. A local autonomous body or the government would support the people by the system of social insurance or financial assistance. This system of "Quasi-market mechanism" or free enterprise system wou … More ld encourage many welfare service companies in entrepreneurial activity for "better quality of welfare service". The reform devoted much of its energy to creating the condition for a market on which such bargain could be made. So this reform is discussed by a catchphrase, "from administrative direction to contract" or "social welfare by contract".
The concept of contract has however, different background from social welfare, namely contract is a instrument of free market system, while social welfare is a safety-net of free market society. Successful developments of this reform depend on a suitable theory of contract law, which can work well in the field of social welfare. Japanese scholars are now formulating such new contract law theory.
The particular features of the relationships among the elderly/handicapped people, welfare service companies, and administrative body should be analyzed in the light of contract law to examine some new legal issues, for example valuating system of the quality of social welfare and its application to the doctrine of breach of contract, regulation of service-supplying contracts. Less

  • Research Products

    (4 results)

All 2006

All Journal Article (4 results)

  • [Journal Article] 福祉契約と契約責任2006

    • Author(s)
      笠井 修
    • Journal Title

      新井誠、秋元美世、本澤巳代子編『福祉契約と利用者の権利擁護』(日本加除出版)

      Pages: 23-45

    • Description
      「研究成果報告書概要(和文)」より
  • [Journal Article] 役務提供型契約における要件事実2006

    • Author(s)
      笠井 修
    • Journal Title

      伊藤滋夫編『要件事実の現在を考える』(商事法務)

      Pages: 62-79

    • Description
      「研究成果報告書概要(和文)」より
  • [Journal Article] Contract for Welfare Service2006

    • Author(s)
      O., Kasai
    • Journal Title

      Welfare Service Contract and the Protection of Elderly or Handicapped People(Arai, et. al.(ed.))

      Pages: 23-45

    • Description
      「研究成果報告書概要(欧文)」より
  • [Journal Article] Contract for Welfare Service and Ultimate Facts2006

    • Author(s)
      O., Kasai
    • Journal Title

      Modern Issues of the Theory of Ultimate Facts(S. Itoh(ed.))

      Pages: 62-79

    • Description
      「研究成果報告書概要(欧文)」より

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Published: 2010-02-04  

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