Disscussion On Strengthening The Construction Of Administration Morals In The Process Of Administation By The Rule Of Law In China

An overview of the historical development of the rule of law in western countries shows that its construction takes certain morals as the premise and the foundation. So the realization of the rule of law on administration certainly must take the construction of administration morals as the premise and the foundation. In our country, although the rule of law on administration has been in a constant improvement, its problems are exposed day by day. They have posed serious obstruction to the advancement of the rule of law on administration. These problems are no doubt inevitable in the present stage of social economical, political, and legal development in our country, but they are still the sign of moral shortage in the rule of law on administration. By demonstrating the administration morals'fundamental as well as restrictive role in the rule of law on administration, this article attempts to point out that the insufficiency of moral construction plays its part in engendering the problem of the rule of law on administration. It further proposes some concrete measures about how to carry on administration morals construction to promote the realization of the rule of law on administration.This article is arranged into four parts in the order of theoretical bases, problem analysis and tentative proposition.The first part is mainly concerned with the three pairs of basic concepts. First, it analyses the connotation and the correlation between morality and law, and legality government by law. Then it points out that administrative morality is the foundation and spiritual fountain of the rule of law on administration; the later is the fundamental mode by which the former can realize its value in modern democratic countries. The purpose of the discussion is to provide theoretical base for the coming exposition. The second part analyses the administration morals'foundamental role to the rule of law on administration. It points out that administration morals serve its supporting function for administrative legislation, judicature, and observance in that all administrative practices are influenced by the intrinsically ethical orientation and standards of administrative subject. Hence, the realization of the rule of law on administration can not go without the support of administration morals. The construction of administration morals is not only basic but also essential to the rule of law on administration.The third part analyses the insufficiency of administration morals in the process of the rule of law on administration in our country. It is proposed that the important reason for many problems of the rule of law is the insufficiency of administration morals construction in the process of both administrative legislation and enforcement. This article has analyzed the reasons of the morality shortage briefly. Together with the second part, this part aims to show that the administrative morality construction plays an important role. In order to solve the problem of the rule of law on administration and to carry it forward, we must strengthen the construction of administrative morality.The forth part puts forward some concrete propositions about how to strengthen administrative morality and perfect its system. In order to realize the rule of law on administration, first, we must set up correct administrative ethics; second, we should strengthen the legislation of administrative morality; last, we must establish and perfect the mechanism of supervision and encouragement.The research on the construction of the rule of law on administration and administration morals has become a hot issue since ruling the country by law and ruling the country by virtue are laid down as essential principle to administering a country. A lot of papers and works are published. Many original views are put forward by experts and scholars. When the relation between the rule of law on administration and administrative morality is discussed, the basic and normative function of the rule of law on administration to administrative morality is heavily discussed. However, the functions of foundational and restrictive functions of administrative morality to the rule of law on administration are neglected for a long time. Examining the relations between administrative morality construction and the rule of law on administration from a cross discipline perspective covering the science of law, of ethics and of administration, this study on the construction of administration morals might be of theoretic and practical significance with both theoretic exploration and case analyses.