Administrative ethics and the modern administrative law, common research_2726

By Glen Mills,2014-10-30 09:00
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Administrative ethics and the modern administrative law, common research_2726

    Administrative ethics and the modern administrative law, common research

     Abstract administrative law and administrative ethics as two kinds of basic administrative norms, exists between the two close links, which reflects the way in modern

    administrative law is particularly evident. In this paper, administrative ethics as the theoretical basis points to deconstruction of modern administrative law, administrative ethics were discussed in order to re-construct the modern

    theory of administrative law, as well as the reality may be necessary, and initially proposed based on the basis of administrative ethics basic framework of modern administrative law.

     Key words in modern administrative law, administrative norms and structure the basis of administrative ethics

     Law schools of any theory of creation is inseparable from structural problems, theoretical differences in structure between the cause of the various schools of one of the reasons independent of each other. In China, administrative law

    scholars, the influential theory of "management theory" and "control rights" and the "balance theory", three, thus China's three main schools of administrative law has been established. Hold "management theory" scholars believe that administrative

    law is "on the administration of the activities of state administrative organs of the sum of the various legal norms" [1]; hold "controlling theory" scholars believe that "the most

essential features of administrative law is the control of the

    executive power "[2]; while holding" balance theory "scholars argued that" modern administrative law is essentially balance method "[3]. In addition, "the government rule of law and theory" and "public interest-based theory" and "service

    theory" and "public authority" theory theory and other schools also have some effect [4]. Admittedly, the above theories have some validity, but to explore this issue, and will not be the end. Affect the structure of administrative law theory of the development of a number of internal and external factors,

    particularly among those with close ties to relatives of administrative law subjects most obvious, the Chief Ethics is one of them. In the field of public administration and administration in the process of ethical issues for the study

    of administrative ethics, in the mid-20th century, 70 the rise

    in the Western developed countries first. With the new global movement rising public administration, administrative ethics in the whole of public administration studies from the edge of

    a gradual move toward the mainstream, to become a public administration disciplines and their theories to promote the development of new sources of power [5]. The face of this development adjacent disciplines, administrative law research accordingly made some responses [6]. Unfortunately, the responses seemed to have "piece of a jigsaw" is too, not for administrative ethics and the relationship between administrative law to conduct a comprehensive, holistic study. This comparative study of administrative ethics and the modern

    administrative law, some of the commonalities between the hope of the development of modern administrative law, provide administrative support for the theory of ethics. This conception of law as contrary to the mainstream theory, when

    the right is a shallow attempt to bar the author!

     Administrative ethics and administrative law in contemporary ethical and legal studies in the hot, administrative and ethical and legal cross-integration of the respective

    derivative of administrative ethics and administrative law, the Chief Executive was considered a common basis for the ethical and administrative law. Under this common ground, due to ethical and legal kinship between the general and administrative ethics and the link between administrative law

    is even more closer. Relatives makes the theoretical to the existence of some similarities between the two.

     1, administrative ethics and the existence of modern administrative law, the common domain of discourse

     Administrative relations is the Chief Ethics and

    Administrative Law of common discourse. What administrative relationship? In short, that occurred in the main and the executive administration of the various relationships between the relative. This relationship reflected in the ethical

    dimensions of administrative ethics constitute the relationship between the performance of the legal level, constitute the administrative legal relations. "The Chief Ethics The basic problem is that the relationship between power and interests, which is the main public administration (the ruling party, national institutions and civil servants) how to use the available power to regulate society in the public interest in the problem [7]", the power distribution of the benefits of exercise and with the administrative body and

    administrative counterpart-related; and modern administrative

    law, are concerned with the administrative authorities and the citizens (individual or collective) interaction between [8], the Chief of the main and the executive counterpart the

    relationship between rights and obligations. Roads lead to Rome, although the Chief Ethics and modern administrative law in adjusting the range, scope and control means ownership of various aspects of the distinction, but they can be described

    as manifestations of the same administrative relationship of different aspects. This determines the administrative ethics and the modern administrative law, must share many common between the domain of discourse, and this indeed has become the ethical perspective from the administrative point of entry to conduct administrative law.

     Second, administrative ethics and the modern administrative law have a common external characteristics

     The Chief Ethics and Administrative Law are similar mainly in normative areas. While the two different kinds of norms in the form of content, establish procedures, their implementation and realization of protection gaps exist, but in terms of

    external features, it has many similarities between the two kinds of norms. First, neither the executive or the

    administrative ethics have a strong political character. The political nature of administrative law is unquestionable. "Compared with other departments, administrative law and sovereignty, political parties, policy and other political

    phenomena are closely linked but not divisible ... ... administrative law can be seen as a political rule of the meaning of the law. [9]" and as a state administrative personnel in a specific moral requirements, administrative ethics that they have a political character. Administrative ethics by its very nature to be attributed to political philosophy in terms of scope, it "is dealing with government organizations and non-governmental organizations such as the relationship between subject and object of public

    administration code of ethics", which has a political character. [10] Secondly, the Chief Ethics and Administrative Law has certain mandatory. Mandatory is an important feature of law, among which administrative law embodied in the most obvious. Administrative Law "principle, meaning that because of the different parties to exclude application of the law ... ... In this sense, it can be said that the nature of administrative law and regulations with the force. [11]" normative exercise of administrative power, and earnestly

    safeguard the public interest, is the Chief Ethical key issues. Public power inherently aggressive, expansive and corrosive, so the authority of the "of course can not ignore the customs, public opinion, belief and soft constraints to

    play a role; the same time must be emphasized through 'physical and chemical forces', namely, the forces of the mandatory shall be binding. [12] "Again, procedural and administrative law, administrative ethics is the same request. Administrative law is the emphasis on procedures and forms of [13], the administrative procedures of the Administrative Law is extremely important in terms of significance: it can avoid ineffective administration, improve administrative efficiency; to avoid the abuse of executive authority to ensure the

    impartiality of administrative activities; to avoid the arbitrariness to promote the administration of

    democratization; to avoid the occurrence of administrative violations to protect the legitimate rights and interests of

    citizens [14]. Of course, this significance is also reflected in the field of administrative ethics. As an institutional code of ethics, administrative ethics, in essence, calling for

    its entire operation process must be always strictly follow procedures, "the unique nature of the procedures and functions are to protect the norms of efficiency and authority provided the conditions. [15]" Based on the above analysis I believe that administrative ethics in appearance initially possessed some of the external features of administrative law, the

    boundary between the two seems not obvious.

     Third, the Chief Ethics and Administrative Law there is a mutual tendency towards integration

     To study the relationship between ethics and law often have two perspectives, namely, legal ethics and the ethics of law, this administrative ethics and administrative integration between the trends in research is no exception. Began in the late 19th and early 20th century, "public law, private law" movement can be regarded as the beginning of the

    Administrative Law Ethics and since then many of the elements of private law entered the field of public law, which of course also includes ethics. "Since modern times, ethics began to change a single spectator, the image of the external

    evaluators from time to time also involved in the legal rules themselves, to act as a role. [16]" adjustment to the administrative relationship must use legal means, for a long period of Western countries believed in "no law, that is non-

    administrative" political motto is the best comment on this. The administrative relations but also has certain ethical nature of this ethical outstanding performance in administrative activities, objectives, means of administrative acts, administrative organization's internal relations and the

    administrative organization of the individual activities and so on. Therefore, the adjustment to the administrative law relationship should have ethical. Of course, this feature is not with the administrative attendant. Administrative Law in

    the production is just the beginning of exploitation to maintain the rule of the authoritarian suppression of people's resistance tool, the "Police Law" Do not say reflects its strong "rigid," hard to say how many of them moral component. Into the capitalist era, in the bourgeois "freedom, equality, fraternity" thinking under the influence, the administrative law began to pay attention to the administrative power of the supervisory control and protection of rights and freedoms of

citizens, marking being gradually integrated into the

    administrative law moral factors. In particular, the emergence of post-modern concept of public administration, including administrative law, including making the whole area of public administration took place from the "official-oriented" to

    "people-oriented" steering, "stressed the public

    administration must respond to citizens of personalized Public demand [17] ", thus demonstrating a strong spirit of humanism. "Modern collectivism of the human spirit, in the

    (administrative) law, epitomized the spirit of cooperation and aims to build partnerships between the main body," or that modern administrative law has focused on "the same interest, service and cooperation, trust and communication [18] "the humanistic spirit. Ethics and Administrative Law of the lines is accompanied by the law of administrative ethics. Between the moral and legal origins of the close relationship between the Chief Ethics and Administrative Law has been particularly evident. First of all, the emergence of administrative ethics

    is mainly to solve the "field of public administration emerged in a variety of urgent need to answer the corresponding provisions of the law were unable to specify the forefront of issues [19]." The limitations of administrative law for the

    formation and development of administrative ethics provide a space for the emergence of administrative ethics up for gaps in the field of administrative adjustments; but administrative ethics inevitably flawed, it will only be through the improvement of the executive and legislature form to be filled, namely, the achievement of administrative ethics law. The legalization of administrative ethics is to strengthen the