The Study On The Administrative Justice

As an important ethical principle, justice runs through all aspects of human life, and it is also one of the most necessary factors in the area of public administration. In those contemporary democratic countries, administrative power originates from the people's sovereignty, and it belongs to public power. The government is a representative owner of the entire society's interests, and so it is the manager of the society. The public nature of public administration has decided its justice. Therefore, the government should promote the realization of social justice more fully and deeply keeping the administrative justice as the central theory in its mind. It is not only the responsibility of public administration, but also the common demands of the entire society. For the above–mentioned reasons, the study on administrative justice has its theoretical and practical significance. It can enrich the socialist concept of justice and the theory of administrative ethics, and provide the theoretical guidance to moralize the public administration as well. It will also push forward the anti-corruption struggle; eliminate the administrative injustice and establish a harmonious society. Importantly, it can bring a great deal of beneficial effects.Firstly, we must make clear what administrative justice is and why we must take seriously justice as an ethical goal of public administration. At the beginning of the paper,the author starts to sort out and sum up the ideas of justice from China, West world and Karl Max and then get a conclusion. He tries to combine with the common characteristics of public administration to illustrate the basic content of administrative justice. The author thinks that so-called administrative justice is the justice which government and its public administration give to individuals. It is also a public action which aims at protecting and promoting the equality of rights and opportunity among the members of a society. This requires all sectors'interests in a society are properly coordinated; the inner contradictions among the people and other social contradictions are correctly handled; the social justice and equality are protected and realized.Next, the author analyzes the value goal of administrative justice in details. He believes that administrative justice is reflected by the ethical suggestions of freedom, equality and democracy. Besides, freedom, equality and democracy can be truly realized only through the practice of public administration. It has also summarized the basic principles that modern administrative justice should follow. They are the principles: rights unit with duties; freedom units with equality; justice units with efficiency and also these principle are taken as a way to develop justice. When practicing administrative justice, the author believes that we must handle three pairs of relations properly and realize three aims of organic unity: the unity of social justice and individual justice, the unity of objective justice and means of justice, and the unity of real justice and form justice.On this basis, the paper has presented that there are still some justice deficiency existing in the practice of public administration of government in the period of transition. In the historical evolution period from a traditional system of planned economy to a system of modern market economy, lack of relevant systems is the most fundamental, deep-seated reason for the shortage of the administrative justice; Secondly, in the long administrative process, there is an acute shortage of administrative responsibilities, and rights frequently do not fall into line with duties, leading to increasing administrative unfairness; Moreover, China's traditional administrative ethics has got some delayed development, to a certain extent, affecting the achievement of administrative justice. To a certain extent, this is caused by the asymmetry of the relations between the administrative personnel and the masses.Finally, in order to guarantee the realization of the administrative justice, from the perspectives of self-discipline and supervision, the basic ideas and measures to produce the administrative justice are discussed in the paper, to strengthen the administrative ethics system, to regulate behavior; to improve the ethical oversight mechanism, and to promote public administration; to speed up participation in the executive and administrative promote democracy; to strengthen administrative ethics education and cultivation; to breed the ethical character. In the paper, the methods of historical analysis and of comparative analysis are applied, combining theory with practice to conduct a study. Through historical analysis, the origins of the justice theories from China, West world and Karl Max are sorted out; by comparison analysis, the essence of the justice theories between China, western world and Karl Max is brought, the administrative justice has laid a theoretical foundation for the sense of administrative fairness; combining theory with reality, the phenomena of injustice that exist in the administration of practice are analyzed, including the reasons, then ways to achieve the administrative justice are explored.There are two fresh points in the paper: firstly, the combination of justice theory in ethics with common nature of public administration, the administrative justice is creatively proposed, which is the core idea of public administration. Secondly, from the perspective of administrative ethics, the causes to bring a lack of administrative justice in the social transition are analyzed, in light of the practice of public administration. The ethical and fair administrative measures are explored, which are practical and workable will bring out some practical significance.In short, the administrative justice is the core idea of public administration and basic value; we should be realistic and progressive, unremittingly in pursuit of administrative justice. Only if the administrative justice abides by the administrative ethics, social justice can be promoted in a more comprehensive and profound significance and the long-term stability of the state and the society will be able to be maintained and enhanced.