Special Care And Policy Changes: From A Policy Analysis Framework, Rights To Legal Rights

Inistitutionalism economists analyse the relationship between the supply and the demand on the inistitutionalism by the theory of the supply and the demand .Through interpreting the relationship between the supply and the demand on the polices, as well as the change of rules, we can find that the change in politics, economy, society and the rules of law, not only causes the supply of the public policy is unable to meet its potential demand, making the policy itself fall into imbalance , but also begins to threat the stability and the legality of the original policy as well as intensifies its internal conflict.The article study on the transition of public policy from the view of rights protection. China governs the society mainly through top-down policy-making, and the Chinese people are also used to protecting their rights by policy. However, at present, As China is experiencing its transitional period, the conflicts between people's desire of maintaining their rights and the limitation of rights protection by policy are aggravated. under the background of governing the country by law, confirming to the trend of protecting the rights by law from original by policy, making construction of legal system the core of policy transition.The urgent problems that need solving are how to avoid the legislation crisis caused by the imbalance between the supply of the policy and it's demand, and how to make every infringed right be relieved timely and justly.Through making a case study on the transition of the special care policy, and a survey on the newly amended Regulation on pensions and Preferentional Treatments for servicemen, the thesis proposes a basic idea as follow, the logic from rights protection by policy to rights protection by law provides a more beneficial condition for the implementation of public policy.In order to demonstrate this viewpoint, this paper goes a fractional step way from two branch issues through the analysis of special care policy transition. Firstly, from the implementation result of special care policy, the rights protection by policy that the special cared used to utilize is very limited when protecting their rights. Secondly, the rights protection by law has many restrictive conditions in protecting special cared groups efficiently under the existing condition. But some of restrictive factors can be resolved by the improvement of special care. At the same time, the legalization of rights protection mechanism brings new requirements and rigid regulations to the implementing body of special care policy which gives a possible approach in the way of rights protection by law for rights protectors.