The Moral Constraints Of Administrative Abuse Of Power System Of Research,

As French scholar Charles Louis Montesquieu said, it is an experience that anyone who has power, it's easy for him to abuse it. The issue of dealing with the abusement of administrative power is been studied for long, and many famous theories, such as"power separation and restriction", were built up. However, these theories mainly emphasize restricting administrative power from the outer parts of it, such as using political, social and juristic ways, rather than from the inner parts of it, such as from moral aspect. That's easy to go to the embarrassed situation:"Where there is policy, there is countermeasure".As China is in the political and economic transforming process, at the same time, in the moral transforming process, it's meaningful to strengthen and reinforce moral measurements on restricting abusement of administrative power. This thesis discusses the four main sorts of theories on restricting abusement of administrative power from the essence of the administrative power, and analyzes the situation that Chinese government in dealing with abusement of administrative power, in order to seek ways to perfect Chinese government's moral restricting measurements.This thesis contains five chapters.The first chapter expounds the practical significance on the problems of abusement of administrative power and the value of using morality to solve these problems. It also introduces the present researching situation on moral restricting abusement of administrative power, and set up the characteristics of this thesis.The second chapter analyzes the relation between administrative power and abusement of administrative power, on the basis of the introduction of connotation of administrative power and abusement of administrative power. It also introduces the connotation of the moral restiction measures. Futhermore, it introduces the four main sorts of theories on restricting abusement of administrative power, and also practical moral measure that Chinese government utilized on restricting abusement of administrative power. These are the theoretical bases of this thesis. The third chapter expounds the moral measures that Korean and American governments utilized on restricting abusement of administrative power, and elicits their experiences for Chinese government.The forth chapter analyzes the situation that Chinese government in dealing with abusement of administrative power, trying to seek the causes such as social conception and administrative system. It also analyzes practical moral measurements that Chinese government utilized on restricting abusement of administrative power, finding the gaps between the utilized moral measurements and social development.The fifth chapter deduces principles and four main measures that perfect Chinese government's moral measurements on restricting abusement of administrative power from the analysis in the forth chapter. It goes further to discuss the approaches to make moral measurements connect with the other three ways on restricting abusement of administrative power. That is to say, combine the advantage of the other three ways to moral ways rather than using the moral way alone. Thus, it will make the measurements more practical to utilize, and realizing the combination of the theoretical and the practical.