The Research Of Ethical Restriction Of Administrative Discretion

Administrative discretion,as the core of administrative power,as the main way of today's social administration,as an important factor restricting the development of modern public administration,its existence is also of concern.However,the lack of effective control of this kind of power will bring serious consequences to the society,so the restraint and control of administrative discretion has become the focus of scholars' research.The discretionary power of administrative discretion is an ethical discretion,and it should give more ethical consideration to the control and restraint of administrative discretion.The general explanation of the ethical restraint of administrative discretion is the prerequisite for its ethical restraint and control research.What is the ethical constraint of administrative discretion?Why should we control the administrative discretion from the perspective of ethical constraints?This model of restraint and control of administrative discretion is a "utopian" type of good vision,or have the possibility of its realization?Only by clarifying these problems can we really study the ethical constraints of administrative discretion.In the practice of administrative practice,the administrative body in the exercise and use of administrative discretion is very likely because of the existence of moral and ethical risk and lead to the emergence of moral and ethical issues.Therefore,on the basis of clarifying the special meaning of moral ethics risk in the field of administrative discretion,this paper analyzes the causes and harms of the moral ethics risk,and further puts forward the ethical principles and norms that the administrative subject of administrative discretion should follow.The administrative ethics discretion has its inherent ethical value,which is mainly reflected in the improvement of administrative efficiency and the realization of social fairness and justice.The ethical restraint and control ofadministrative discretion is not only a kind of active constraint,but also a kindof self-discipline.It can make the administrative body better exercise thepower in the hands and realize the self-supervision of the administrative subject better So that the administrative body in the exercise of administrative discretion to achieve their own free will and public will fit.Therefore,this article aims to discuss the connotation,necessity and possibility of the ethical restraint of administrative discretion,analyze the moral and ethical risk of the administrative discretion in the process of exercising,and put forward the ethical principles and norms that the administrative subject should follow,The paper analyzes the specific value and significance of the administrative discretion of the administrative discretion,and finally puts forward the way to enhance the ethical restraint of the administrative discretion from the inside and outside.