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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 administrative ethics is one important way for the construction of the world in many developed countries and

    regions to achieve through legislation, administrative ethics law, mandatory by law, punitive to maintain the purity of administrative ethics, have achieved good results. Secondly, the administrative ethics to become one of the sources of

    administrative law. Customary law of non-written forms of

    administrative sources, administrative ethics law is its important components. "The Chief Ethics Law that exists in the civil administration habits and jurisprudence in the common law is suitable to adjust the relationship between internal and external administration of a code of conduct." Administrative statutes and administrative customary law of the case law, case law, precedent inadequate law to regulate government behavior, adjusting the relations between the

    administration of the executive power can play a role, directly or indirectly, to adjust the administrative code of ethics, standards of administrative justice, etc., can become an integral part of the administration of customary law [20].

    This is to some extent reflects the administrative ethics of the complementary role of administrative law, this supplement may even be the precursor of administrative change. Third, the administrative law of ethics is becoming increasingly strong

    flavor. "The more advanced civilization, the legal system the integrity of the country, its legal code of ethics will be reflected in the more [21]." As mentioned above,

    administrative relations with a certain ethical, so as to adjust the administrative relationship of administrative law for adjusting the object is bound to reflect this relationship. As a modern administrative law in cooperation, consultation, the democratic spirit of the desired result of the development [22], administrative guidance, administrative

    contracts, and other systems are without exception, has a strong moral tone. The development of the times the relationship between the state and citizens of a gradual shift from checks and balances, confrontation to complement each other, cooperation, and administrative law provisions in the ethics will continue to grow in the future. It can be said that in modern society, between the Chief Ethics and Administrative Law, "You have me, I have you" is bound to become a general trend of convergence.

     4, the Chief Ethics and administrative law have common values reposted elsewhere in the paper for free download http://

     The Chief Ethics and Administrative Law in common not only in the domain, characteristics and development trend of extrinsic

    form, is more present in the inner spirit, between them are not only "shape" and even "God together." The Chief Ethics and Administrative Law all have their different values, and in at least some of which are common and important, namely, fairness, democracy and the rule of law. Equity is the value of administrative ethics and the demands of administrative law. "Achieving fairness and justice are the root cause had

    existed in [23]", and the Chief is a basic form of government exist, fair and thus become the basic values of administrative activities, aspirations, namely, administrative fairness. Administrative fairness as an administrative activities of special value concept, mainly refers to the Government in formulating public policy and administrative staff,

    administrative acts must be equal treatment of all social groups and members of society, government should be all the people and not certain people or the government interest groups government. Of modern administrative law with special emphasis on administrative fairness, so be established as fundamental principles. Entity requirements of administrative fairness, "according to the law, impartiality; equal treatment of the counterpart, non-discrimination; reasonable to consider relevant factors, not arbitrary"; procedural requirements of administrative fairness, "do anything and their own judges, not unilateral contact, not pre - without notice and listen to

    the views of the relative who argue the case for the relative who made adverse administrative actions [24]. " These

    requirements blame the essence of the concept of administrative fairness, but is specific. In addition, it extends to all aspects of administrative law, as throughout the spirit of the main line of administrative law. Democracy is the Chief Ethics and the spiritual essence of

    administrative law. "Democracy is the rule of law, but also by virtue question. [25]" In the modern administrative activities, the Government must be fully accepted members of society to participate fully respect the autonomy of citizens,

    and through a variety of ways to provide for such participation and self-support, administrative democracy The resulting concept. In terms of democracy, the executive has the motivation, cohesion, error correction, and supervision,

    and this is especially seen in the prevention of corruption and administrative staff in inerting. Democracy requires that the executive administrative staff must be based on the public interest as a starting point, so that a relatively equal treatment of people, public participation and oversight, procedures, and more open. Democratization is an important trend in the development of modern administrative law. "With the second half of the 20th century, the emergence of new worldwide wave of democratic development and its impact in

    various fields, modern administration and administrative law practice, more and more to increase the democratic elements, especially direct democracy factors, citizens to participate

in the executive into a new system of criteria for judging the

    value of the pursuit and democracy, and gradually reveals the trend of democratization administrative law [26]. " It is mainly embodied in authorized organizations, entrusted with the organization, the main system, such as special supervisors, administrative contracts, acts such as administrative guidance system, told the hearing, evidence, procedures for citizen participation system, on behalf of council, the public comments, administrative appeals, administrative reconsideration, administrative litigation,

    state compensation and other monitoring and relief system [27], and these systems are invariably highlights the administrative and democratic values. Rule of law, administrative ethics and the highest ideal of administrative law. For the rule of law, legal research, which is still in the metaphysical issue that must be placed in deeper horizons can only inspect a breakthrough. Since the time of Aristotle from the rule of law is the common law and ethics issues, and the rule of law research can not and should not involve

    discussion of ethics. The rule of law in the administrative area of the concrete embodiment of the rule of administrative law, its meaning must be primarily an administrative organizations established by law, administrative procedures

    must be lawful and reasonable, the executive power must be exercised in accordance with law, administrative act must be in accordance with law, etc. [28], is summarized in terms of the law administration. In terms of the level of

    administration according to law there are two, namely the legal and ethical levels of hierarchy. This is both a close relationship exists between: on the one hand, and moral level of administration according to law to be written into law, administrative law about the basic requirements, principles

    and norms to be stereotyped, as amended, culture, and the formation of the mandatory binding administrative acts of the external criteria, that is, the legal level of administration according to law; while on the other hand, the legal level of

    administration according to law has to be internalized into the moral level of administration according to law, which rules from the external force to change the inner moral self-

    discipline is not only the level of administration according

    to law enhancement, but also the potential power of administrative law enforcement and indirect expression. In access to the double moral and legal safeguards, according to law will become more practical and effective. To sum up, in

    the common values under the guidance of the Chief Ethics and Administrative Law Although the development of a different direction, but between the inner spiritual essence is always the same.

     I knew that the Chief Ethics and Administrative Law made by the above-mentioned common analysis is very shallow, and some areas there may even erroneously, of the Department. Ethics and the law is an old and when a new topic, it will be with the different areas covered by the continuous development and enrich. Law and morality there is a natural blood ties, which

    must be decided in common between the two main features. Of course, the author's ultimate goal is not just a comparative study of the two, but that as a foundation for the development of administrative law administrative ethics and serve as a

    catalyst to provide some of the office for reference, and perhaps this is the value of this article .

     [1] Hou-Xun straight. Chinese Administrative Law [M], Zhengzhou: Henan People's Publishing House, 1987,3.

     [2] Wang Lianchang. Administrative Law [M], Beijing: China University of Political Science Press, 1994,38.

     [3] Luo Haocai, Yuan Shuhong, Liwen Dong. The theoretical basis of modern administrative law: On the executive authorities and the relative balance between rights and

    obligations of the party [J]. China Law Society, 1993, (1), 53.

     [4] the theory of the See also Hai-Kun Yang. The government

    the rule of law theory is the theoretical basis of China's Administrative Law [J], Beijing Social Science, 1989, (1); leaves Bifeng. The theoretical underpinnings of the Administrative Law [J], Law Review, 1997, ( 5); Quan-Sheng. On

    the theoretical basis of modern administrative law - Service

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