Thesis topics can be selected within the scope of business administration.

The focus of this paper is rigorous and pragmatic. Because I worked abroad for several years,

So the content is a little westernized, don't follow the script, brother.

On the Responsibility Restriction of Administrative Power

Student name: ID number:

Keywords: administrative power, legal constraints and moral constraints

Executive summary:

Since the transformation of China's socialist system, perfecting the restriction mechanism of administrative power is helpful to establish the public authority of the government and ensure the normal operation of administrative management. This paper generally expounds the meaning of administrative power, the correct use of administrative power and the reasons for its abuse. And put forward some new views on the moral restriction of administrative power, combining the administrative responsibility restriction of administrative power with social moral restriction to realize the real responsibility restriction of administrative power, and the power that is not restricted and supervised is dangerous power. Li Hao (①) once said: "The administrative restriction mechanism in China is still immature. Although there are procedures, various articles of association and systems, all kinds of restrictions in the use of administrative power exist in name only. Most supervision departments and administrative power holders have to hold each other tightly for common interests, which makes most administrative supervision departments become defenders of power holders in disguise. Appropriate decentralization is right, and less interlocking can also improve work efficiency, but it is precisely because of this that power owners will know the superiority of power and will have a desire for power, so that our leading cadres will fall into the cross-flow of desires too much and make things that are detrimental to the interests of the party and the people. " What is administrative power? Power is essentially a dominant force, that is, it makes the will of the dominated subject to the will of the power owner. If the dominated person refuses to obey this dominant force, he will be punished in different degrees materially and spiritually.

Among all social powers, administrative power is the most important one, which can best reflect the essence of power, because it relies on the violent machine of the ruling class to realize the domination of social, economic and cultural undertakings. Executive power is an important part of state power, and laws and policies are implemented by the state or other administrative subjects. In order to realize the will of the state, it is an important part of state power to manage social public affairs actively, directly, continuously and concretely by using the political resources at hand. Uncontrolled and supervised administrative power will lead to corruption. Abuse of administrative power refers to the behavior of the owner of administrative power in the process of exercising power, in order to meet his own ultra vires purpose, beyond the boundaries of power, causing damage to the interests of others or the country and society. In real life, the abuse of administrative power is manifested as bending the law, shirking, unclear responsibility and no procedure. The advantages of moral restriction and political restriction are complementary: morality and politics have always been two important components of the superstructure. Both of them reflect social existence from their own specific angles and serve the economic base in their own unique ways. The two influence each other and complement each other. Politics and morality have different effects and ways on economic relations. Politics is the concentrated embodiment of the economy, which reflects the economic interests of the class most directly and intensively, and often needs to be enforced by the state. Compared with politics, morality mainly arouses people to consciously and voluntarily safeguard the social and economic foundation through the power of education, public opinion and inner belief. Morality serves politics, and the ruling class should use the power of state power to promote and strengthen the formation and development of its administrative morality, and actually make it the dominant morality in social life, which in turn actively serves class rule. With coercive force as the guarantee and backing, it not only restricts the moral level of administrative personnel, but also has mandatory binding force, effectively avoiding and overcoming the inertia of some administrative personnel to themselves.

The advantages of moral restriction and social restriction are complementary: to improve moral construction, we should publicize moral norms through various public opinions and educate all aspects of society and family, thus creating a social atmosphere. For all social citizens, it is necessary to actively carry out moral education and abide by citizens' basic moral norms, so as to provide a good social environment for administrative moral construction. Public opinion is an important way of moral evaluation. Correct public opinion represents the people's requirements for administrative ethics and expresses the wishes and will of the vast majority of people in society. Some public opinion can be transformed into the idea of strengthening inner belief and cultivating good and evil. Therefore, governments at all levels should gradually open government affairs, enhance the transparency of work, let the masses participate in evaluating the administrative ethics of civil servants, and form correct public opinion and organized public opinion. Through newspapers, radio stations, television stations and other media, we support and praise the moral policies of the owners of administrative power and expose ugly behavior scandals, thus transforming them into powerful moral and social forces. Under the pressure of public opinion, * *.

The advantages of moral restriction and legal restriction are complementary: although there are differences between morality and law, they interact and complement each other. The implementation of laws and regulations depends on a good moral atmosphere and environment, and on the moralization degree of macro-social environment. Historically, no matter which ruling class, their morality and law are regarded as two effective means to safeguard their own class interests. On the one hand, we should use class morality to defend our own laws, on the other hand, we should use our own laws to promote our own class moral norms. The relationship between morality and law is very obvious. In real life, the moral belief of administrative personnel is closely related to the legal consequences. Without a strong administrative moral atmosphere, legal sanctions alone cannot maintain the pure atmosphere and efficient operation of administrative organs. Practical experience has proved that the effectiveness of moral standards depends on the formation of moral environment, which depends on political commitment and leadership support, and is widely recognized by the public. The requirements of these standards must be accepted by administrative personnel and depend on their professional moral beliefs and moral autonomy. Law is not only a powerful guarantee factor for administrative personnel to carry out moral education, but also some contents directly express moral requirements, which are not only legal norms and obligations, but also moral norms and obligations.

In order to effectively restrict and supervise power, it is necessary to establish a system-oriented and procedural priority power operation system through law with the right of rule of law. The legal system is the "control button" and "safety valve" for the operation of power. This is determined by the objective fact that power dominates the will rather than the will dominates the power. In history, many politicians started from their good wishes for the welfare of the public. Due to the lack of sound institutional constraints, discipline fully reflects the will of the people, not the will of the power exercisers. We must safeguard the supreme authority and dignity of the law and deny the arbitrary rule of any power; It is necessary to ensure the independence of the judiciary, so that the judicial department can independently exercise judicial power and exercise power according to law.

The key of the right to rule by law is to concretize the constraints and restrictions of the law on state power into a system, and to ensure that the state organs exercising power abide by the law from the system. First, rule the country according to law, safeguard the authority and rule of the Constitution and laws from the system, and deny any form of absolute power and arbitrary rule; Second, it is necessary to establish the principle of statutory power, limit the scope of power stipulated by the Constitution and laws by improving the legal system, ensure that there is no power outside the Constitution and laws, and put an end to and punish any power expansion and ultra vires exercise without constitutional and legal basis; Third, we should give citizens the right not to be infringed by any power through the Constitution and laws, establish a system of power division and checks and balances, draw the bottom line of power exercise from the legal system, and set up a restriction mechanism to prevent excessive concentration and abuse of power; Fourth, we should fully realize that no restriction and supervision system can put an end to the abuse, abuse or mistake of power, and set up proper procedures for exercising power and relief procedures for accountability through the Constitution and laws, so that the abuse or mistake of power can be corrected promptly and effectively. Restricting power by morality is to check and balance power through the moral cultivation and public opinion of the power exerciser. This is the last line of defense to restrict power corruption. Any state power must have a legal basis, as well as a moral foundation and the support of social moral public opinion. On the one hand, the holder of power has noble moral cultivation and moral responsibility, which is an important condition for him to exercise power reasonably and ensure the benign operation of power. On the other hand, once those in power practice bad politics and tyranny, society will exert the coercive force of moral ethics, that is, the restrictive role of moral public opinion, forcing them to fulfill their moral obligations or be punished by morality.

To restrain power by morality, first of all, the power exerciser is required to consciously restrain himself by administrative virtue, so that power can be restrained by morality in areas where it is difficult or impossible for the law to interfere, and to ensure that the acquisition and exercise of power conform to morality and justice. The exercise of legislative power should emphasize legislative ethics, ensure that legislators consciously abide by moral norms, make the law fully reflect public opinion and have practicality, universality, equality, clarity, openness, consistency and stability, and avoid unfair and unclear legal meaning, which makes people feel at a loss and enter the legal net by mistake. The exercise of administrative power and judicial power should be legal and appropriate, and moral self-discipline should be realized when exercising discretion to ensure proper administrative and judicial justice and prevent arbitrary administrative and judicial injustice. The ruling party should govern the party by virtue, restrain the exercise of ruling power by strict moral norms and prevent the abuse of power. Therefore, it is necessary to educate the power exercisers on the correct concept of power, so that they can make it clear that power is taken from the people and used by the people. It is the responsibility entrusted by the people to manage and make good use of power for the people. We should let power be used, loved and benefited by the people, consciously accept supervision, and never use the power in our hands to seek privileges and personal interests. Secondly, the exercise of state power is bound by objective moral norms and moral compulsion. Provisions made by the Party and the government on clean government, living conditions, property declaration and accepting gifts are all measures to prevent officials from abusing power for personal gain. By fully exercising citizens' rights of freedom of speech, assembly, association, procession and demonstration, and the right to participate in politics, criticism and suggestions, we will support and praise those in power, expose and condemn some evil scandals, form organized public opinion pressure and social moral coercion, supervise those in power to bear political and moral responsibilities, and force them to overcome power corruption, so that the clean government of officials can be effective and the people can be self-disciplined under the leadership of officials.

Li Hao: Malaysian Chinese, Head of Internal Audit Department of An Deyu Trading Company, Malaysia.

Li Hao: internal audit of German-German trade Sabah Malaysia