| 英文摘要 |
With the tremendous growth of elderly population, institutional care-service aiming at physically or mentally disabled elderly persons has increased its importance. The mode “Operation Transfer” is broadly taken as a method to perform the task of social welfare by the government. Legal structure of this mode can be found both in “Act for Promotion of Private Participation in Infrastructure Projects” and “Government Procurement Act”. Under frame of Constitution, “Principle of Democracy” and “Principle of social welfare” bind and restrict the privitization of social welfare. However, as other objects of privitzation in the field of social-welfare, the incomplete competitive market of care-service causes problems connecting to lack of accountability. As a solution, scholars recommend to strengthen external oversight and public participation.
Meanwhile, a complete evaluation system is necessary for the maintenance of caring quality. In this essay, the author takes german’s “Act for maintenance of caring quality” as a comparison and asserts the following reforms to be necessary: (1)Evaluation should be enforced by a neutral institution other than the outsourcing government. (2)Related persons and evaluated institutions have rights to participate in the establishments of evaluation items and standards. (3)To reflect the latest circumstances of caring, evaluation should be taken at least once per year. (4)Rights of evaluated institutions should also be taken into consideration, especially processive rights and the right to stop government from publishing the result of evaluation.
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