Research On Moral Constraints To The Public Power

The authorities in our state have made achievements when they face unprecedented opportunities for development since its reform and opening up to the outside.But they appears power dissimilation.Public power dissimilation not only have appeared in our state and become public enemy of the civilization development of society in the countries all over the world. the so-called public authority dissimilation is that public power originated from giving or entrusting of the public with the support of the public will,safeguard the public interests,serve for the public.but they become a outmatch above people alien force,and even abuse power for personal gains.There are common characteristics for dissimilation phenomenon to make public power given by public becomes an alien force which seek personal gain and harm the social with public interests with promotion of some individual government officials and more and more big power in their hands,they relax to own request, loosen up to his world outlook transformation both in international or domestic.this has an important problem which need face and solve for every country how to restrict power,eliminate power dissimilation phenomenon for great harm to give people, society and country due to dissimilation phenomenon of power. Therefore, It is extremely important and necessary to study dissimilation phenomenon of the public power, to construct moral restriction mechanism of the public power,to ensure legally operation of public power.For years, some scholars made some achievement through emphasis on restraining for public power by means of forcing, punishing from the political perspective with Legal based on study. But the author thinks that take temporary solution and effect a permanent cure to parallel, the law can not include all questions, the power of the law behavior need cost for much, which only on the results of the punishment, is occurring after restriction, is external. Confucius said:"the way of administration, the people free and shameless, way with virtue, shame and lattice." So, self-discipline is essential role for moral restriction of public power.Self-discipline is the heart of the moral law. Government and officials can exercise power by discipline and self-regulation self act and when they have moral law in their hart.Government and officials self-knowledge voluntarily exercise power in accordance with the ethics and morality, which Government and officials can correctly treat individual self-interest on rationality rightly handle both of relationship between personal desires and interest of social public and produce strong will to resist the lure of profit that come form external. When people to exercise of public power against conscience exercise power, they will be anxious. moral restrict public power from the thoughts of the people, which make a man holding formal authority arouse the sense of shame, guilt, through the inner function and consciously or abuse of power in moral pressure. and put the abuses of power out in the prior to the occurrence of harm result. Therefore, This is the aim of this paper to research moral restriction of public power.The paper includes six parts, which each part constitute the integrity of the paper together And is connected with each other and influence each other.The first part is the introduction which mainly discusses the purpose and significance of topic. From based on study of some scholars in domestic and abroad, this paper summarizes the concept, the origin of the concept in this paper and expounds the main point of view, the research methods and the innovation of the paper point.The second part is generation and essence of the power which this part stipulates about Some relevant concepts, Examines the essence of power, and the elements of the power, expounds the relationship between the power and the right and classifies power in the nature and the form,The main purpose is foreshadowing for the third part.The third part is public power and moral, which this is the focus of this paper. This part mainly explains the origin of public power with the essence and the function of morality, demonstrates the relationship between public power and morality, Reveals the public power itself that contains the moral factor. It is the main line of the full text in order to talk about following chapters.The fourth part is the public alienation of power with source,which this part Explain the alienation with the development of alienation explain the essence of alienation of public power, lists dissimilation expressions of the public power, analyses in depth main resource that the alienation of public power product. It provides contextual information for the following chapters.The fifth part is necessity and possibility of moral restriction of public power, which it mainly explains several ways of restriction of public power, including moral restriction way and explains necessity and possibility of moral restriction of public power, this part is a very important part with foothold of this paper, it lay the foundation for the next part that the construct moral restriction mechanism of public power.The sixth part is to construct moral restriction mechanism of the public power, which it mainly explain content to construct moral restriction mechanism of the public power, how to deal with several on relationship. The purpose of this part is to restrict dissimilation of the public power,which this part is the innovation part of this paper.In word, To protect the lawful rights and interests of the people, to maintain the normal operation of social order, to realize the objectives and tasks to construct clean government, to promote construction with development of clean government for legally exercising of public power, Not only we can constrain public power by the law, society but also by the morality. It is often the case, though morality is more soft than the law, which it also can achieve effect that the law and other regulations can not do. Therefore, it is very important and necessary way of constraint for moral restrictions of public power in means of constraint of power.