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The Research On The Integrity Of The Administrative Enforcement Discretion

Posted on:2008-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:G Y YangFull Text:PDF
GTID:2166360212493560Subject:Administrative Management
Abstract/Summary:PDF Full Text Request
Present, the integrity is discussed and researched hot topic, has already aroused the entire society's widely interest. The integrity not only is the moral standard and the behavior criterion , but also is the system of the rule restrains which mankind handles matters according to , process production economical credit.In social integrity environment, the government, as a result of its special status, to the social credit establishment, the maintenance and the consummation has the function which the individual and other organizations cannot be substituted, so government integrity is social credit system command. Especially when we have joined the WTO, participated world competition, international and the domestic situation set a higher request to the government integrity.In general, more emphasis thing in the reality is more deficient, more essential. In reality there are no integrity, even appears besieging of the community to the government and the government personnel's crisis event, affects social stability and the development. The government breaking a promise is the fact that does not allow to cover.This article main elaboration direction is the government integrity. The government good prestige formation needs multi- stratification planes, long time with joint forces functions. It is a systematic engineering. Integrity take the government administrative actions and events as the carrier, display through the medium. How but the government does have the qualifications of "the host", the posture drifts away between the country and the society, dispatches significant society resources, manages politics,the economy and the cultural establishment? The most important condition is that the government has the administrative authority. The administrative authority is evil and the just incarnation, not only is the tool which serves for the people, also is the lawful right which put refies.Otherwise, the executive power-----administration enforcement discretion—freely decidesafter deliberation ,the power also has the freedom to exercise, is easiest to abuse, easiest out of control. The power has biggest influence on the government integrity construction merit. Comparing to government's result integrity, it is the process integrity. But the power of the administration enforcement discretion has the honest credit, spirit and the contract integrity idea.In this article, with the aid of new public discipline, so on science of administration, new system economic, sociology, social ethics, politics, administrative jurisprudence social capital theory, entrusts view point and so on, on game theory, transaction cost theory ,attempt to analyze the power of the administration enforcement discretion, better government integrity.Through the power of the administration enforcement discretion, hope to provide the trifle inspiration in the value and the way choice for the government integrity.The first part—core concept: the power of the administration enforcement discretion and the integrity. Because there are many researches on the power of the administration enforcement discretion, the author firstly textually research the administration power's development history, enumerate the Chinese and foreign experts representative viewpoint, summarize this article administration law enforcement in this foundation to decide the connotation, hope to have a three-dimensional understanding and the summary.In China from traditional society, integrity continuously appeared by a moral ethics image, that is, we now march into a good faith difficult position, also unsuitable pres integrity, from the economic basis, the human nature angle and the system contract comparative analysis, induces three-aspect meanings.The second part—the power of the administration enforcement discretion concludes integrity, which only is one side of the paper, aims at the proof sign process upholstery, also is the interesting question, the power of the administration enforcement discretion is in fact the government integrity, the government integrity is the goal rationality. This is writing goal. Therefore I state the government integrity connotation, the thought origins, the content, the significance, performance of braking a promise as well as doing harm to reality, and so on.The third part—two angles: The theoretical analysis and the fact prove that abusing the power causes the primary factor which the government breaks a promise.The theoretical analysis unifies the graph, decides after deliberation which the induction, the condition, the impelling force for the example analysis, the main body, the object and the process all exists no promise.The analysis result show that, the power of the administration enforcement discretion is easier to destroy the government prestige.The quotation realistic example, with the fact certificate, abusing the power of the administration enforcement discretion, do harm to government prestige.The fourth part—the feasible theoretical analysis, we must mold the government integrity, the integrity is the request of the power of the administration enforcement discretion. Is similar to the fight "the manifesto",for the construction government good faith, the request administration law enforcement good faith decided after deliberation has provided the theory support and the motion preparation.The fifth part—the construction of the government integrity. The main mentality is the moral reconstruction and the system construction union. Strengthen the administrative law enforcement personnel's autonomy and the moral reconstruction, but moral strength, in front of human nature is weak. First we must consummate the legislation, moreover we must strengthen the national credit law construction, establish the government credit information database, enlarge surveillance, penalty and sanction improve public's communication and exchange ,and so on.
Keywords/Search Tags:the power of the administration enforcement discretion, government integrity, repetition gambling, transaction cost
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