交通行政执法自由裁量权的伦理缺失及其重塑-宪法与行政法学专业论文.docxVIP

AbstractAdministrative Abstract Administrative law enforcement in the field of transportation should adhere to the related laws．However,it does not necessarily meRn administrative subject WOBld lose the right of discretion，which is all 0bjective entity．Investigated from the perspective of ethics，administrative relations in transportation administration Call be regarded all ethical construct．Administrative law enforcement in this field is both a process to reflect aims of laws and process to realize ethical values of enforcement．Due to the separation of Public interest and individual interest,as well aS the existence of egoism anlong law enforcement 0fficers and moral dilemma in traditional administration models．it iS inevitable to see the ethical conflicts in discretion of administrative law ellforcement．Ignoring the ethical aspect of discretion regarding administrative law enforcement in transportation should result in abuse of discretion right．Echical absence of discretion re[)resents itself by the 1ack of ethical values in administration． the lack of ethical consciousness．and the lack of moral behaviors and moral evaluation．nle discretion abuse in administrative transportation law enforcement caused by the absence of ethics is not only harm to the right of administrative opposite parties，but alSO the detriment to country trustworthiness and government image．Moreover,it damages the spilt of law which reads iustice and openness．and worsens social momlity．1f11c absence of diseretion in this field manifests itself in system ethics and individual ethics levels．On the one hand the absence is originated from the ethical deviation in the legislation process of transportation administration， the dependent features of administrative transportation Iaw enforcement,and the absence of discretion system and organizational ethics caused by unethical organization structure in some administrative systems and the lack of supervision system．0n the other hand，selfishness c