The Study On Ethical Regularization Of Western Administrative Discretion

For humanity,there is good and evil and both good and evil three possible,and for the administrative discretion of anomie,there is always a game of external control and internal control.Prior to 1960 s,due to the dominant logic of scientism,rules of the field of public administration for administrative discretion to external control,two points in the political administration under the background of the legal provisions established become the benchmark and relying on the discretion of the legitimate.But because the universal legal articles are not suitable for all the particularity,administrative personnel just work here.This is not only reduces the administrative efficiency,but also damages the justice as fairness.From 1960 s onwards,some political,economical and even social crisis began to occur in some western countries,which also leads the national question of the administrative ability of the government.More and more strong sense of distrust in the hearts of the people occurred,and more and more people found that regulate and control the power by law is not comprehensive,which makes the use of value factors to regulate people become a glimmer of hope in the hearts of the power of fire.So far,the new school of public administration is produced.With the gradual attention of administrative ethics in the field of new public administration,its value system has been gradually improved,and the normative path of administrative discretion has also changed from a scientific approach to an ethical approach.The ethical value acts as a standard to judge people's character and the operation capacity of an organization and the society.It can not only overcome the legal control of the loopholes and shortcomings,but also really highlights the essence of administrative power,which makes people be aware of the legitimate need to executive authority's own subjective initiative,consciously abide by the code of ethics,for their own behavior and self-discipline,to regulate the administrative discretion reasonably.This paper based on the perspective of history,summarize and review of related research theory development history of western public administration on the ethical regularization of administrative discretion,mainly based on George Frederickson's "The Spirit of Public Administration",Terry L Cooper's "The Responsible Administration: An Approach to Ethics for the Administrative Role",David H Rosen bloom's "Public administration: Understanding Management,Politics,and Law in the Public Sector",Luo Wei compiled "The Study of public administration Ethics Discourse" and other works of the ethical discourse mainly discusses views.This paper is divided into four chapters: the first chapter puts forward to the research problem of this paper,the theoretical source of administrative discretion,elaborate the theoretical premise and the origin of philosophy of the administrative discretion.And through different views of the concept of administrative discretion,summarizing the characteristics and the ethical nature of administrative discretion.The second chapter analyzes the development of regulatory path of western administrative discretion.From the administrative responsibility debate triggered by the power expansion,to the logic transformation between scientific research and normative research,until the rise of ethical regularization,are also discussed,and summarize the views of the representative figures.The third chapter is the focus of this paper,from the angle of administrative ethics,the author investigates and summarizes the representative point of view of ethical regularization of administrative discretion,refines the theoretical basis,the value orientation,and discusses the administrative personnel ethics,administrative organization ethics,administrative ethics integrated mode respectively in detail.The fourth chapter is the comment of the third chapter,summarizing the ethical dilemmas of administrative discretion,and the ethical norms and principles,and put forward suggestions of the construction of China's ethical regularization system of administrative discretion combined with China's specific national conditions.