Title page for etd-0622113-214830


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URN etd-0622113-214830
Author KAI-WEI SHR
Author's Email Address No Public.
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Department ICAPS
Year 2012
Semester 2
Degree Master
Type of Document
Language zh-TW.Big5 Chinese
Title The study of long-term care law
Date of Defense 2013-06-14
Page Count 134
Keyword
  • The principle of administration
  • The law of long term care
  • Administrative supervision
  • Administrative organization
  • Administrative litigation
  • Administrative remedy
  • Abstract With certain analysis this study concludes as the following suggestions for the future legislation.
      First, from the principle of administration, this study suggests that the law of long term care should take principle of law priority, the principle of legal reservation, as well as principle of democracy into the core of law of long term care. As far as the importance and priority are concerned, principle of democracy should be ranked as first, and principle of law priority as second.
      Second, the scheme regarding law of long term care will belong to three different systems, including social workingl system, health care system, the society of veterans system. However, under the overlapping of different health care laws,the sectionalism of regarding organizations will be strengthened, leading to the inefficiency of administration and the explanation of decrees. In general, the aforementioned three systems should be integrated under the regulation of higher level of administrative unit.
    Third, from the perspective of authority,the sdministrative discretion of law of long term care depends on the recognition of administrative standards.For the time being, the recognition of administrative standards results from the ones of Germany and Japan. Nonetheless, the main difference depends on the recognition of long-term payment items and the standard of deployments, which affect the fiscial status and allocation of financial resources. Hence, regarding authority should be defined clearly.
    Fourth, as far as administrative remedy is concerned, as mentioned by the principle of legal reservation, the law of long term care should keep the authority of lagistation for administrative remedy, in order to solve the unregulative-but-necessary issues of demand side for the medicial assistance.
    Fifth, from the perspective of principle of legal reservation and administrative authority, the scheme of administrative supervision will be necessary and important.When the disruption among regarding units or concerns for the allocation of financial resources happen, the administrative supervision of governing sustem should be involved in the process of dealing with above issues. It’s because the financial resources of system of long term care result from social welfare, with no space of and disruption and abuse under the normally financial regulation. So far, this issue hasn’t been defined and regulated in lagistative draft, and should be dealt with lagistative procedure in the near future.
    Advisory Committee
  • yan yang Qing - chair
  • Te-Chun Lee - co-chair
  • Deng, Shuai-liang - advisor
  • Files
  • etd-0622113-214830.pdf
  • Indicate in-campus at 5 year and off-campus access at 99 year.
    Date of Submission 2013-09-02

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