论公共权力滥用的道德约束机制

Moral Restriction Mechanism Against the Abusing of Public Right

对公共权力的滥用光有法律的约束还不行,同时必须有道德的约束。公共权力行使方式必须是理性的和正义的,充分体现道德精神;同时,权力主体的道德能力保证也是防止公共权力滥用的重要因素;从约束的心理过程而言,要经过畏惧感、义务感、羞耻感三个阶段。

It's far from enough just to constrain the public right abuse by legal means; it also requires moral control. The practical methods of public right must be rational and just. Such methods must reflect the moral spirit fully. What's more, the guarantee of moral capability for the concerning main body of right counts as an important element for the prevention of public right abuse. In terms of the psychological process of moral restriction there are three stages such as the sense of fear, the sense of obligation and the sense of shame.