Ethical Considerations "Dilemma" Problem Of Administrative Enforcement

Generally speaking, the administrative law enforcement refers to that law enforcement subjects manage, oversight or punish objectives’ illegal conducts according to the laws and regulations. From the ought-to-be perspective, the administrative law enforcement is to administrate according to law and enforce the law impartially, there being no dilemma; But actually, the subject of the administrative execution is the department of administrative law enforcement and the law-executor in the law-enforcing department is the person while the person in the administrative law enforcement has double identity, namely law executor and natural person. It is that law executor has a dual identity that makes some dilemma in the process of administrative law enforcement, making law executor difficult to choose. And this kind of dilemma has been concerned and discussed by the people since ancient times.In the administrative law enforcement, the dilemma embodied in the administrative law enforcers is mainly manifested in the following aspects: the first is about the dilemma of emotion and law; the second is about the dilemma of thing and people; the third is about the dilemma of the public and private. These dilemma in the administrative law enforcement exists in the following dimensions of ethical analysis: The first one is under the dimension of legal ethics, there is the rationality of multiple law enforcement standards under the legal premise; The second is under the dimension of administrative ethics, there is the proper direction of the administrative discretion; The third is under the dimension of status ethics, there is the identity difference between the subjects of law enforcement and illegal subjects.In the current society, the reasons why there is the dilemma of administrative law enforcement include ethical reasons in two following aspects: The first is from the social perspective, traditional and modern morals coexist and conflict; moral flaw exists in the design of the administrative regulations; law and human rights have ethical conflicts in a particular situation; in the several fields of society exists social justice and fairness problems; moral public opinions of society has the roles of guidance and catalyst, etc. All the factors above will lead to the generation of administrative law enforcement dilemma; From the individual perspective, there is a deviation in moral and value of law enforcement individual; law enforcer has an understanding deviation of ethical relations of officials and ordinary people; law enforcers have some conflicts among multiple ethical identities; illegal main body exists dilemma ethics situation; the law enforcers and offenders have an asymmetric ethical relationship among subjects. All factors can lead to the generation of administrative law enforcement dilemma.From the ethics perspective, the ways to deal with administrative law enforcement dilemma are discussed: theoretically, we can draw lessons from previous thinking such as Mencius’ thought of standard rules and their weighing, Hegel’s overall interests principle, Kohlberg’s Cognitive Moral Development Mode and so on; In practice, we can start from advocating right administrative moral values, building service-oriented administrative system to form a reasonable administrative ethics relation, perfecting the administrative laws and regulations in order to reflect the social justice, strengthening moral education and cultivation of law enforcement personnel, improving the legal consciousness as well as moral and ethical level of the masses, forming good social moral atmosphere of public opinion.