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On Welfare Provision Changes In Economic Law Function

Posted on:2008-12-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z ChenFull Text:PDF
GTID:1116360215472734Subject:Economic Law
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The monograph probes into a theoretic matter of economic law function in an angle ofview of change tendency in welfare provision. As we know, welfare has its variousconnotations and extensions in economics science, ethics science, philosophy, sociology,politics science and law science. The more important, the welfare provision systems havebeen deeply influenced by distinct history traditions and values. However such problem aswhat role the government or the market has played in he matter of welfare provisionbecomes a common focus in those different systems, just as in economic law whichconcerns the same question and investigates how to combine the two sides. Then the topicabout welfare is related into the economic law, further the topic about the law functioninvolved the relation of the law and the society can be put forward to settle the societalproblem especially rose in the tendency in welfare provision. This monograph is intendedto answer the following questions: What is welfare and welfare provision? How do welfareprovision systems change? What law functions does economic law have in the changetendency of welfare provision? How do these law functions come into being? Whatlimitations do substantial economic law systems have in face to a new model of welfareprovision? How do economic law functions realize? This monograph consists of sixchapters.Chapter one, entitled by the idea source of welfare provision, is a logic premise of thearticle. This chapter may take on two missions, first of which is to interpret the concept ofwelfare in view of a new theory on government purposes to allocate and implement welfare,which have differentiations with the traditional administration purposes to limit inmaintaining the public order; Second of which is to point out the concept of welfareprovision in concerns of the substance, the content, the implementation body and theimplementation way.Chapter two, entitled by the change and controversies in welfare provision in view ofsome typical models, sets an important observation background, in which such basic topicsconcerning of relationship between welfare and assignment, government intervention andmarket regulation, public sector and private sector emerge. A key point of view based onsummarization of the changing process is that combination of the government and themarket to reform welfare provision systems should become a direction in the changetendency and a new kind of welfare provision model may be established as a result.Chapter three, entitled by the settlement of economic law function in the change tendency of welfare provision, is to put forward a core standpoint that economic law hasbenefits assignment function and social integration function in this process. The firstquestion to be answered is why economic law function is analyzed in view of the changetendency of welfare provision, and what is relationship between the change tendency ofwelfare provision and economic law; The second question is how to define the benefitsassignment function and the social integration function; The last one is what is significanceof such research on economic law function.Chapter four, entitled by the formation of economic law function in the changetendency of welfare provision, is to focus on demonstrating the reason and the approach offormation of economic law function. With a view to the change tendency of welfareprovision always accompanying with the law reform, therefore the start point of analysis inthis chapter is the limitations of the law institutions concerning of welfare provision, thebenefits assignment function and the social integration function can get over suchlimitations as to the puzzle of welfare assignment and compound implementation. So thereason that economic law functions form is based on outside factor. While the approach thateconomic law functions form can be found inside, which means the internal structure ofeconomic law supply important conditions of formation of its law functions.Chapter five, entitled by the limitations of economic law function in the changetendency of welfare provision, is furthermore to set force the limitations of economic lawfunction. The reasons that limitations exist, first of which is economic.law can not resolveall problems concerning of welfare, secondly it has to be restricted with basic societalconditions, and the third of which is substantial institutions in economic law are incapableof accommodation with establishing a new model that produces detailed law reform tasksconsidering the welfare content and the welfare implementation.Chapter six, entitled by the realization of economic law function in the changetendency of welfare provision, is to bring benefits assignment function and societalintegration function into effect and be marked with a new model coming into truth. So therealization of economic law function explores the outside effect of economic law, just incontrast with the formation of economic law function which delves into the inside structure.To this end, this chapter is intended to focus on the conditions, the approaches, the phases,and the law institutions needed for realization of economic law function.
Keywords/Search Tags:provision
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