The Exploration Of Administrative Discretionary Ethics Regulation

Administrative discretion as a power of choose within the range of the authorization of laws is explored in an antagonistic context.However,it is an indispensable means for the application of laws.When discretion is exerted,the exertion process will inevitably guided by ethics.Therefore seeking the rightful exertion of administrative discretion needs to explore the methods of ethical governance,and to construct the rule of ethics of individual to realize the internal control of administrative discretion.The external control of administrative discretion indeed curtails the evil of administrative discretion,but it creates new problem,which is laziness and inaction of responsible authorities.Holding the premise that administrative discretion is necessary and just and constitutional rule by law must be applied,ethical governance is an effective solution.The weaknesses of “rule of law” can be compensated by “rule by man” when ethical governance is applied.Ethical governance can effective resists the materialization from the market economy under the circumstances,and achieves the self control of discretion.When possible abuse of discretion happens,certain actions ethical rectification can correct certain wrong doings,even abolish the ill laws.Ethical governance reject the “Campaign-style” reformation,it does not want to find a tool to settle matters once and for all,on the contrary,it leads to self control of the subject of administrative by the restrain of ethics,which requires the exertion of administrative discretion to follow the ethical principle of justice,rationality and moderation.Through the construction of ethical principle,and forming a concerted efforts with the rule of law to govern the administrative discretion,the rightful exertion of administrative discretion within clear legal framework and moral boundary will be ensured.