Comparative legal research on problems brought about by the privatization of public enterprises

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In this research we discuss problems brought about by the privatization of public enterprises in Japan and Austria, seen from various aspects, especially economics, legal philosophy and positive law.Presuming, an in common understanding, that the phenomenon of privatization of public enterprises in backed by neo-liberal ideology and came about with economic globalization, we first point out changes in the patterns of privatization of public enterprises from an economical point of view. Also including a political point of view we next investigate problems brought about by the phenomenon of privatization of public enterprises in positive law, especially labor law and social security law. Here we focus not only on privatization, but, considering a re-organization of the functions of the state, we conduct a research on independent administrative institutions as a new approach, and try to indicate solutions for the above-mentioned problems. Based on these actual and specific discussions we investigate the change in functions of the public and the private sphere from a legal-philosophical point of view. Whether simply to regard the privatization of public enterprises as a temporary movement or to see it as the global rule for a considerable amount of time from now on, we conclude that this phenomenon will at least go on for a while. As for which role the government should take, we find that many aspects are difficult to predict. We suggest that questions concerning the actual economic situation and ideology be discussed more thoroughly.