行政伦理视野中的行政自由裁量权

On the Administrative Discretion in the Light of Administrative Ethics

行政自由裁量权作为行政伦理学的一个核心概念,在本质上是一种伦理性裁量权;行政自由裁量权的伦理本质为行政自由裁量权行使的伦理向度提供了理论依据;行政伦理问题的研究真正受到重视是基于对行政自由裁量权的确认与考察;行政伦理在行政自由裁量权的行使中发挥着极为重要的作用,因此行政自由裁量权的正当行使必须遵循一定的伦理规则。

Administrative discretion is an essential concept in administrative ethics, which is by nature an issue of ethic discretion. This nature of the concept provides theoretical evidence for its ethical dimension. The author points out that it is the conformation and examination of the administrative discretion that has raised people＇s awareness of the significance of studies on administrative ethics. Thus, administrative ethics performs a crucial function in operationalization of administrative discretion. Therefore, to guarantee the justice in operation of administrative discretion it is imperative that certain ethical principles be prescribed and observed.