A Discussion On The Administrative Ethical Restraint Of Administrative Power

The appearance of "administrative country" leads to the growing distension of the administrative power. Facing more and more phenomenon that the administrative power damages the legal rights and interests of the administrative relative person, it becomes the biggest challenge to the administrative law that how to restrict the administrative power. However, on the issue that how to restrict the administrative power, most scholars emphasize outside controls such as law restraint, supervision by system and so on. But they ignore the significance of the administrative ethical restraint on the administrative power. In fact, the outside controls are limited. They can only standardize external activities of the person in power. They can't adjust the belief and the motivation and can't achieve the reasonable operation of the administrative power. As a flexible means that can restrict the administrative power, the unique function of the administrative ethics can remedy the limitation of the outside controls such as law restraint, supervision by system and so on. Lack of the administrative ethics, the administrative power can not operate reasonably and efficiently.Illustrating from such background, based on the thinking of the restricting problem of administrative power and beginning at the concept of the administrative ethics, this paper analyses the theoretical foundation of the administrative ethical restraint on administrative power, introduces the present situation of administrative ethical restraint on administrative power , sets up a new way of restricting the administrative power and realizes the restricting on administrative power in all directions.There are three parts in this paper: introduction, body and conclusion. The introduction: First, this part analyses the reasons of abusing the administrative power and concludes the necessity of restricting the administrative power; Second, it introduces the research on the thesis of restricting the administrative power in our country and abroad; Third, the concept, scope and the research's signification of administrative ethics are briefly introduced, which all build up the necessary foundation for next part. The body is divided into four chapters. Chapter 1 is about the outline of the administrative ethics including the concept, characteristics and value of the administrative ethics. Then, the question of "the internal relations between administrative ethics and administrative power" which needs discussion is shown here. And, the theoretical foundations for the following analysis and discussions are set up. Chapter 2 is about the theoretical foundation of the administrative ethical restraint on administrative power. Above discussing the internal relations between administrative ethics and administrative power, this part illustrates the reasons of the administrative ethical restraint on administrative power from different angles of Jurisprudence, Administrative law, Ethics and Politics. So, this part discuses the necessity of administrative ethical restraint on administrative power theoretically. Chapter 3 is about the present situation of administrative ethical restraint on administrative power. This chapter is divided into two parts of norms and practices. Each part outlines the present situation of administrative ethical restraint on administrative power from active and negative aspects. So, this part discuses the necessity of administrative ethical restraint on administrative power practically. Chapter 4 is about the ways and Countermeasures of administrative ethical restraint on administrative power. This part is based on the first three parts. It discusses the ways and Countermeasures from three aspects which are "establishment of the unified administrative moral norm", "improvement of the administrative officials' moral personality" and "realization of administrative moral responsibility ".The conclusion part summarizes this paper's opinions and emphasizes the significance of this research.