Abstract：Legal paternalism is recognized in administration for its presupposition that the government is utterly rational and can thus make rational judgment and choice for people who are not mature or rational enough. But members of the government cannot be completely rational, therefore this theory has been criticized since it was put forward, and is even condemned as the “transformation” of despotism. Meanwhile, in practice, legal paternalism is confronted with problems as it is abused and prone to cause inefficiency in administration. For welfare states, to maintain public order, safeguard public interest, promote public welfare, and lead people to pursue maximization of happiness, the state and the government, out of legal paternalism, may inevitably interfere in and cut down individual freedom and rights. But necessary restriction should be made in this regard to ensure administration is legal and reasonable so as to effectively solve the dual dilemma facing legal paternalism.
2017, Vol. 34 
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