Research On Ethical Regulation For Operation Anomie Of Administrative Discretion Of Grass-roots Civil Servants

The fourth plenary session of the 18 th Communist Party of China explicitly put forward the requirements that we must promote deeply the administration according to law and speed up the construction of the rule of law government. Along with our country attaching great importance to the administration according to law and the idea of serving administration, the grass-roots civil servants which contact directly with the general public has become one of the important carrier of the transformation and implement of administrative ideas. In the modern society under the rule of law, administrative discretion is an essential management tool of grass-roots civil servants at all levels of government department in daily work; At the same time, the operation of grass-roots civil servants’ administrative discretion is accompanied by a variety of criticism, seriously affected the interest demands of people at grassroots and the realization of social fairness and justice.When the external means such as law, regulation and system to control the discretion of the grass-roots civil servants are weakening, we urgently need to search for a new breakthrough from the internal control of grass-roots civil servants. Therefore, for the anomie problems in the process of grass-roots civil administrative discretion’s operation,putting forward the effective regulation pathes from the angle of ethics have important theory value and practical significance.According the theory of “Street-level Bureaucracy”, the ethical personality of grass-roots civil cannot be ignored. Administrative responsibility, which is the key and core of administrative ethics, requires that grass-roots civil servants should take their responsibility when they are face-to-face with the masses. The organic composition of administrative responsibility includes objective responsibility and subjective responsibility.Administrative discretion of grass-roots civil servants is also a kind of administrative power with moral check, of which the ethics are represented by three value factors, the democracy, the nomocracy and the justice. Through the research and analysis, problems including the abuse of power, the lack of justice, the attaching more important to punishment than teaching, the improper comprehensive considerations and the selective law enforcement exist in the process of grass-roots civil servants executing administrative discretion, arouse comprehensive social focus. The main reasons that cause civil servants at grass-roots level to behave abnormally during the process of executing discretion are the imperfection of social system, the dross of traditional administrative culture,the lackof personal moral ethics and the absence of the administrative relative person’s supervision. Among these system, culture, object and morality factors, the former three are just conditions, but the latter is the critical reason to make the above problems emerge.Henceforth, it is indispensable to strengthen the construction of morality and then build a strong line of ideological defense in order to fundamentally prevent abnormal behaviors from appearing during the process of executing discretion of grass-roots civil servants.Specifically, three breakthrough points, such as creating a favorable moral environment for grass-roots civil servants, improving the generative mechanism of morality of grass-roots civil servants, and promoting the cognitive level of administrative relative person are chosen to make the ethic regulation to the administrative discretion of grass-roots civil servants come true.