This article analyzes the problem of the childcare law from the viewpoint of the childcare to search for continuous development of the childcare work and aims to search for an alternative solution of this problem. The function of childcare should include aspects of both social welfare and education, because its feature is the applied science. More significantly, it is to secure the rights of children. But we can point out the problem that the childcare law could weaken the rights of children for its target. Also the following are raised: ambiguity of public conception, obscurity in characteristics of the sorts of childcare institution and conception, standardized provision to the operation of childcare institution, and duplicate supervisor system. On the basis of the results of my research work, I suggest that it should respect the rights of children, define the conceptions of public or the sorts of childcare institution, revise the controls of operation of childcare institution to childcare law to secure the option of childcare institution.