A Research About Moral Adjustment And Control Of Civil Servant Occupation Crime During Social Transformation Of China

This paper mainly studied civil servants occupation crimes during social transformation from the dimensionality of ethics, also focused on those by legal ethics,political ethics, economic ethics,sociology,and other interdiscipline.The study tried to recover and eliminate gap and blind spot of previous pertinent researches,and hoped to take full advantages of ethical research,so that we have the width and the depth of researches of civil servants occupation crimes extended and deepened.This paper is divided into five chapters.Chapter 1 is Boundary and Source of Civil Servants Occupation Crimes.It mainly studied concept,characteristic, type and substance of civil servants occupation crimes.It includes that civil servants occupation crimes are the degradation of political system and principles,extreme manifestation of negative deviant behavior,corruption and crime similar to rent-seeking,betrayal of professional ethics and devoid of professional conscience.This is one of the most serious forms of corruption of power.Civil servants occupation crimes not only have a general characteristics of criminal cases of endangering society,but also have unique social characteristics of particularity of subject,occupational relevance,serious perniciousness,and difficult to investigate.Although civil servants occupation commits are in various forms,its ethical essence is a crime of injuring the interests of country,and is an abuse of public power to seek personal interests.The causes of civil servants occupation crimes are complex.Those both are profound political,economic, cultural,legal reasons and factors of physical,psychological and behavioral characteristics of criminous subject.There are four fundamental reasons of the civil servants occupation crimes during social transformation of China:temptation and traps,out of control of morality and crisis of faith,loss of system and punishment weakness.Among them,the temptations and traps are the basic reasons,out of control of morality and crisis of faith are the main reason,and loss of system and punishment weakness are prime social conditions.Chapter 2 is Prespective of Time and Space about Moral Adjustment and Control.Experiences and lessons about civil servants occupation crimes' moral adjustment and control are mainly analysed by means of historical and realistic dimensions. Although the Civil Servant is the political concept in the modern meaning,it is the "soft constraints" problem that moral is how to be adjusted and controlled in different historical development period and different ideological state.Using successful experiences of foreign countries and ancient China can be taken as the example of preventing civil servants occupation crime by means of moral adjust and control.Moral adjustment and control against ancient Chinese official crime has obvious features.First,to emphasize that moral base of administration and managing officials by moral is the principle of moral adjustment and control.Second,method of moral adjustment and control is focusing on unification of education and self-cultivation of officials.Third,combining reward with punishment is the machinery of moral regulation and control.Finally the modes of moral adjustment and control witch are three levels in country,schools and family are set up.Moral adjustment and control of foreign civil servants occupation crimes has some features as following:drawing up complete ethical and moral norms,setting up specialized ethical management agencies,improving mechanism that make ethics and moral pure,keeping up on training ethics and moral, and rising the moral foundation of civil servants in the round. It is obvious that measures of moral construction for preventing civil servants occupation crimes adopted widely by western nations are helpful for civil servants moral and professional ethics constructing of China and rising all social moral level.Chapter 3 is Organization,Operation Mode and Mechanism of Moral Adjustment and Control.Moral adjustment and control is a flexible control that guides and influences members of society mainly by the rational argument of "why doing it" and emotional infection in order to let them voluntarily choose the behaviors that are in accordance with customs and moral.In fact, this combines rational demands with emotional demands.Moral adjustment and control of civil servants occupation crime is the systematic engineering involving with the function and structure,elements and systems,control means(mode) and operation mechanism of system.Meanwhile moral adjustment and control of civil servants within socio-cultural system carried out at the values,norms and social action under three-dimensional coordinates in fact.According to China's specific national conditions a special organization of moral adjustment and control should be set up.Moral adjustment and control should be divided into three grades which are central state organization,local governments and departments of state for civil servants occupation crimes according to the civil rights affiliation and management.The setting up of central state organization,local governments and vertical department that makes up three-tier system of moral and control center of the civil servants offers protection of the system and organization of moral adjustment and control.To achieve good effective of moral adjustment and control,it must explore specific operation mode of moral adjustment and control. Specifically they are moral grade control mode,multi-position operating mode,from top to bottom operation mode,from bottom to top operation mode,introspective modes,outside the controlled mode.The introspective mode which focuses on civil servants themselves to improve moral quality takes much lower social costs than the other five models.It is the core or the most important mode of moral adjustment and control.In order to prevent and control the crimes,we require a variety of moral adjustment and control means and mechanisms that includes mechanisms of moral rewards and punishment,moral evaluation mechanisms,moral supervisory mechanisms,moral demonstration mechanisms,public opinion supervision mechanisms,legal norms mechanism,and self-control mechanism.Chapter 4 is Moral Adjustment and Control and Ethics of System.This chapter mainly analysis the problems of ethical selection and adjustment of civil servants in ethical system construction.The spirit of ethics in civil servants' moral norms is the standards of norm of specific ethics behaviors for each civil servant and ethical and moral image.It is necessary for a set of strong ethical system that change civil servants ethical spirit to hard restrict of behavior of civil servants. When system was designed all the target of value what contrary to the public interest and should be excluded from design of system.These ethical norms is not only a reflection of requirement of the inherent order in system operation but also is the construction of rationality which based on the concept of administration,for instance,the idea of part belong to whole,the idea of being responsible for leadership and people, and the idea of "sunshine" and "transparent" Legislative ethics selection of the civil servants occupation crimes,law active ethics selection of the civil servants occupation crimes, and judicial ethics selection of the civil servants occupation crimes have been showing the ethical function of adjustment and control by means of system.Adjustment and control to behavior of people by means of system and norms are dominated by view of value.View of value that was included in the system contained ethical judgments and then forming the systematic ethics.Both systematic ethical norms and non-institutionalized ethical norms effect the moral adjustment and control of civil servants together.Chapter 5 is Moral Education Innovation of Civil Servants. The moral education of civil servants is the important method and the effective way by witch civil servants will avoid duty crime through self-restrict of moral.It is necessary to regard the civil servants moral education as a system,to carry on the moral education innovation,and to realize the effective moral information dissemination and acceptance so it will be available to enhance the effectiveness of civil servants moral education.The civil servants moral education whose core is to set up the idea of "serving for the people" is the moral influence activity that has the goal,plan and organized by government that is in different social system,and that is done in order to cause civil servants to fulfill their moral duty by resting on the moral principle and standard.Civil servants moral education itself is an information transmission process, in witch,the civil servants training organization and civil servants respectively is subject as dissemination education and object as acceptance of education.Between them there is certain dissemination channel connecting each other so that good education result will be obtained finally.To a certain extent,this is a persuaded process.Finally this chapter proposed that moral education method should be innovated,moral education content should be extended,moral education system should be created in order to promote moral character of civil servants.