行政强制的伦理维度——自由裁量、合目的性与选择适当

Ethical Dimensions of Administrative Compulsion —— free judgment, conformity to objectives and appropriateness of selection

行政强制尽管必须严格依法行事,但这并不意味着行政主体"自由裁量权"的丧失。"自由裁量权"在行政强制实施中的存在,是强调行政强制伦理考量的依据。从伦理维度考量行政强制,一是必须注意它的合目的性,即基于正义目的并服务于正义目的;二是注意它的强度和举措的适当性,其实质是体现权利原则和人道原则的要求。

Although administrative compulsion requires strict implementation of law, it by no means implies the loss of 'the right of free judgment' of the administrative subject. The existence of 'the right of free judgment' in the practice of administrative compulsion comprises the basis for the strengthening of its ethical assessment. The judgment of administrative compulsion from the ethical point of view involves the following two necessary aspects: firstly, attention must be paid to its conformity to objectives, i.e., it should be based upon and serves righteous aims; secondly, emphasis must be given to the appropriateness of intensity and strategies with its essence to meet the demand of the principles of proper right and humanism.