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The Researching Of Dimensions Of The Whistle—blower

Posted on:2013-05-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:W G ZhuFull Text:PDF
GTID:1225330374987001Subject:Ethics
Abstract/Summary:PDF Full Text Request
Whistle-blower an administrative supervision of the administrative system of institutional arrangements in a way refers to the administrative organization of the internal members of the public authorities and administrative officials of the offense, to the higher authorities or specialized administrative supervision departments of the prosecution, an act denounced. From the perspective of political science, administrative prosecution of a system of organisms for the entire social system provides a self-purification, self-monitoring tool. However, in the ethical sense, we have to whistle-blower system of administrative morality, justice, prosecution faced "two difficult choices," the moral dilemma in how to choose and whistle-blower system to maintain the legitimacy of human rights discourse to re-examine the ethical and questioning.Whistle-blower is the administrative supervision of public power and restraint, the main objective of the administrative prosecution authority is to regulate public legitimacy and rationality. Although in theory we have for the conduct of administrative prosecution provided sufficient basis for legitimacy, but in the actual exercise of executive powers and operation of the process, but there are some difficulties, including ethical dilemma should cause concern. Since reform and opening, in rapid economic development of colleagues through the back door, cronyism, lawlessness and other ethical problems frequently arise, the administrative ethics of research have begun to rise. Domestic academic research on administrative issues spotted gradually broke the shackles of the original framework, the understanding of the administrative prosecution gradually increased from instrumental rationality to value-oriented rational orientation."Whistle-blower" corresponding to the English word for "whistle-blower", meaning "those who blow the whistle", which means the discovery of a violation of the rules of behavior to be a warning whistle, and later extended to whistleblowers. Administrative prosecution of a public body within the executive authority, the object is higher or its administrative staff in the bureaucracy, the relationship between subject and object occur with material that is contrary to the public bureaucracy or a higher interest unjust behavior. Have been in China since the Qin and Han whistle-blower system design, but also partly the result of the feudal system lasted for two thousand years. From the feature point of view, the administrative prosecution highlights the "anti-economic man" character.However, we still need to solve a problem, whether the prosecution has the moral, which is the study of administrative ethics prosecution must be answered an important question. This issue is not a trivial pure speculation, but rather directly related to the prosecution activities, the need for prosecution system exists, whether the justification of its existence or legitimacy. We believe that the prosecution is inherently moral, from the common features of view, the administrative prosecution also has the natural moral legitimacy. Meanwhile, the administration in terms of prosecution as opposed to general prosecution also has its special moral legitimacy. On the one hand, the moral legitimacy of the administrative prosecution of civil servants from the necessity of moral responsibility; the other hand, is embodied in the administrative prosecution of civil servants greater loyalty.Justice is the fundamental basis of individualism or communitarianism is ancient Greek and Roman moral philosophers since the days of brains and political philosophers of the thought. Including Hayek, Rawls, Nozick, Hannah Arendt and other scholars, including the old and the new liberalism has always stressed that individual freedom is the fundamental basis of justice is a fundamental point of view of justice has been discussion of the concept of justice in the occupied mainstream; And to communitarianism, represented by Zander also saw the lack of liberal school, face a community exists in the importance of development for the justice, gradually restored the Plato-Aristotle’s integrity concept of justice or groups.Next we have to look at the whistle-blower system of administrative justice. Whistle-blower system of justice embodied in the two levels, the whistle-blower system of justice itself, the second is to run the justice of the prosecution system. Contains between two mutually reinforcing relationship of mutual influence, are indispensable. Meanwhile, in the administrative area spotted them, freedom is also a critical ethical discourse. Whether the prosecution is free to choose the right executives, not by this freedom from internal and external constraints, including social restrictions, legal constraints, ethical constraints and restrictions on freedom itself. Including free range, including the prosecution of those natural rights, should be subject to effective prosecution system maintenance. In the whistle-blower system, justice and freedom can be demonstrated that the justice system itself, while the prosecution could well protect the legitimate rights and interests are not violated-that is, basic human rights defenders, then run a test whistle-blower system justice.Strictly speaking, the Whistle-blowerspotted an exotic setting in our country is in major Western countries have been a hundred years of history. As mentioned earlier, the right of Whistle-blower from the ideological origins of individual rights and freedoms of the human rights tradition, but more than that was emphasized from the integrity of communitarianism interests. If we further questioning the rationality of the administrative Whistle-blower based on the right, you need modern European history from the three major revolutions run to explore. In fact, in Western history, every certain period, a country or people of certain countries adhere to the mainstream belief system will bring a revolutionary change. To go back through this type of inquiry, to find the right reasonable basis for Whistle-blower.How the ethical principles of administrative prosecution prosecution practice in the administration have been implemented to ensure administrative prosecution of moral legitimacy, which is the realization of the ethical prosecution. The effective implementation of administrative prosecution of factors can make an impact in general consists of two aspects, one is the external environment, and the second factor is the people themselves. Internal system that is through informal and formal norms of the external system, the prosecution of those who spotted the external behavior of the restraint mechanism. The human factor is the heart of their own values and moral beliefs influence individual behavior choices. Whistle-blower ethics within the executive administrative whistle-blower system to achieve without the ethical design, excellent quality of the individual to shape the moral character of the prosecution and the right cultural support. Whistle-blower of the external realization of administrative ethics is mainly through:strengthening the administrative prosecution of participants in the institutionalization of moral responsibility, rules of construction; strengthen administrative and moral education, to create a moral responsibility to bear the administrative prosecution of a strong participant in the administrative environment; strengthen the administrative prosecution participants moral rewards and punishment; sound administrative prosecution of participants in the administrative ethics oversight mechanisms.
Keywords/Search Tags:Whistle-blower, Ethical review, Ethical dilemma, Communitarianism, Public spirit
PDF Full Text Request
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