社会转型期我国公务员职务犯罪的道德调控研究
发布时间：2018-08-02 19:27
【摘要】： 本文主要从伦理学意义上研究社会转型期公务员职务犯罪,并从法律伦理学、政治伦理学、经济伦理学和社会学等其他交叉学科进行聚焦研究,力图弥补和消除以往相关研究的缺口和盲点,充分发挥伦理学的研究优势,以期在公务员职务犯罪研究的深度和广度上有所拓展和深化。 全文共分为五章。 第一章:“公务员职务犯罪的界定及析源”。主要研究了公务员职务犯罪的概念、特征、类型、实质和根源。包括:公务员职务犯罪是政体的退化和政治原则的腐败退化;是一种消极的越轨行为的极端表现;是一种寻租性腐败犯罪活动;是对行政职业道德的背叛和职业良心的泯灭,是一种最严重的权力腐败形式。公务员职务犯罪除具有危害社会的刑事犯罪案件的一般特征外,还具有主体的特殊性、职务的关联性、严重危害性、查处的艰难性等独有的社会特征。公务员职务犯罪的形式多样,但其伦理实质是一种侵害国家权益的犯罪,是滥用公共权力谋求私人利益。公务员职务犯罪产生的原因是复杂的,既有深刻的社会政治、经济、文化、法制等原因,又有犯罪主体的诸如生理、心理和行为等个性特征的因素的影响。我国转型期公务员职务犯罪最根本的原因有四个方面:诱惑与陷阱、道德失控与信仰危机、制度缺失和惩处乏力。其中,诱惑与陷阱是基本原因,道德失控与信仰危机是主要原因,制度缺失和惩处乏力是根本的社会条件。 第二章:“道德调控的时空透视”。主要从历史和现实两个维度分析公务员职务犯罪道德调控的经验教训。公务员虽然是个现代意义上的政治概念,但在不同历史发展时期和不同意识形态国家官员履行职责都存在道德如何调控的“软约束”问题。在通过道德调控防止官员职务犯罪方面可以借鉴古今中外成功经验。中国古代官员犯罪道德调控具有明显的特点:强调为政以德,以德治吏的道德调控原则;在道德调控的方法上,注重对官员教化与修身的统一;在道德调控的机制上,实行奖惩结合;在道德调控的模式上,建立了国家、学校和家庭三级道德调控模式。西方公务员职务犯罪道德调控具有以下几个鲜明的特色:制定完善的伦理道德准则、建立专门的道德管理机构、完善伦理道德的净化机制、持久开展伦理道德训练、全面提升公务员道德基础。国外对公务员职务犯罪道德建设所普遍采用的这些措施,有助于我国公务员道德建设、职业道德建设乃至整个社会道德水平的提高。 第三章:“道德调控组织机构、运行模式及作用机制”。道德调控是一种柔性的调控,它主要通过“为什么要这样做”的理性论证和情感感化来引导和影响社会成员,使之自觉自愿地去选择更加合乎习俗和道德的行为,这实际上是理性诉求和感性诉求的结合。公务员职务犯罪的道德调控是一个系统工程,涉及系统的功能与结构、要素与系统、调控方式(模式)与运作机制等方面的问题。同时,社会文化系统下的公务员道德调控,实际上是在价值观念、制度规范与社会行动三维坐标下进行。根据我国的具体国情,应该建立专门的道德调控组织机构。根据公务员隶属关系和管理权限可以分为中央国家机关、地方政府和部门三级进行公务员职务犯罪的道德调控。中央国家机关、地方政府和垂直系统三级公务员道德调控中心的建立,对各级各类公务员的道德调控提供了组织和制度保障。为了达到良好的道德调控效果,还必须探索具体的道德调控运行模式。具体说来有道德梯度调控运行模式、多方位道德调控运行模式、自上而下道德调控运行模式、自下而上道德调控运行模式、内省式道德调控运行模式、外控式道德调控运行模式等。采用哪种道德调控运行模式需根据实际情况,但内省式道德调控运行模式着眼于公务员自身道德素养提高,较其它五种模式社会成本低得多,是核心的或最重要的调控模式,应该努力培育内省式道德调控运行模式的社会运行环境。为了达到预防和控制公务员职务犯罪的目的,还需要各种道德调控手段,包括道德赏罚机制、道德评价机制、道德监督机制、道德示范机制、舆论监督机制、法律规约机制、自我调控机制。 第四章:“道德调控与制度伦理”。主要分析了公务员制度建设的伦理选择和制度调控的伦理功能等问题。公务员道德规范中的公务员伦理精神是每个公务员的具体伦理行为准则和道德形象标准。需要有一套健全的伦理制度,将软性的公务员伦理精神变为对公务员行为的硬性约束。制度设计过程当中,一切与公共利益有违和相背的价值目标都应该排除在制度设计之外。伦理规范既是制度运行体系内在秩序的要求的反映,也是基于行政理念的理性建构。如:局部服从全局的观念、向上级负责与向群众负责相结合的观念、“阳光”与“透明”的观念。公务员职务犯罪立法伦理选择、公务员职务犯罪执法伦理选择、公务员职务犯罪司法伦理选择显示了制度调控的伦理功能。制度和规范对人的行为的调控受价值观的支配,蕴涵在制度中的价值观念包含着伦理判断,形成制度伦理。制度化的伦理规范和非制度化的道德规范一起对公务员的道德调控产生叠加。 第五章:“公务员道德教育创新”。公务员道德教育是公务员通过道德自律避免职务犯罪的重要手段和有效途径。要提高公务员道德教育的实效性,需要将公务员道德教育视为一个系统,进行道德教育创新,实现有效的道德信息传播与接受。公务员道德教育是不同社会制度的政府为使公务员践行其道德义务而依据道德原则和道德规范,有目的、有计划、有组织的道德影响活动,其核心是树立“为人民服务”的理念。公务员道德教育本身是一个信息传播的过程,在这一过程中,公务员培训机构和公务员分别是传播教育和接受教育的主客体,他们之间通过一定的传播渠道实现对接,最终取得良好的教育成效。在一定程度上,这是一个劝服性的过程。最后提出在道德教育方法上创新,在道德教育内容上延展,在道德教育制度上创新,以期提升公务员的道德品格。
[Abstract]:This article mainly studies the civil servants' duty crime in the social transition period from the ethical significance, and focuses on other interdisciplinary subjects such as legal ethics, political ethics, economic ethics and sociology, trying to make up for and eliminate the gap and blind spot of previous related research and give full play to the advantages of ethical research so as to be in the civil service job. The depth and breadth of crime research have been expanded and deepened.
The full text is divided into five chapters.
The first chapter: "the definition and analysis of the crime of civil service duty". It mainly studies the concept, characteristics, types, essence and root of civil servants' duty crime, including the degradation of the government and the corruption and degradation of political principles; the extreme manifestation of a negative deviant behavior; a kind of rent-seeking corruption crime; it is a kind of rent-seeking crime; The betrayal of administrative professional ethics and the vanishing of professional conscience are the most serious forms of power corruption. In addition to the general characteristics of the criminal cases that endanger the society, civil servants' duty crime also has the special characteristics of the subject, the relevance of the duties, the serious harmfulness, the difficulty of investigating and so on. There are various forms of crime, but its ethical essence is a crime that violates the rights and interests of the state and the abuse of public power to seek private interests. The cause of the crime of civil servants is complicated, with profound social and political, economic, cultural and legal reasons, as well as factors such as physiological, psychological and behavioral characteristics of the subject of the crime. There are four basic reasons for the duty crime of civil servants in China during the transition period: temptation and trap, moral control and belief crisis, lack of system and lack of punishment. Among them, temptation and trap are the basic reasons, moral control and belief crisis are the main reasons, the lack of system and the lack of punishment are the basic social conditions.
The second chapter: "the temporal and spatial perspective of moral regulation". It mainly analyzes the experience and lessons of the moral regulation of civil servants' duty crime from the two dimensions of history and reality. Although civil servants are a political concept in the modern sense, there are "soft" ways of moral regulation in different historical periods and different ideological state officials. In order to prevent the official duty crime through moral regulation, we can learn from the successful experience of ancient and modern. The moral regulation of the Chinese ancient officials has obvious characteristics: the emphasis is on the political morality, the moral regulation principle of the government officials, the unification of the official teaching and the practice of the moral regulation and the moral regulation and control, and the moral regulation and control. On the mechanism, the combination of rewards and punishments is carried out. In the mode of moral regulation, the moral regulation mode of three levels of state, school and family has been established. The moral regulation of the duty crime in the western civil servants has the following distinct characteristics: making perfect ethical standards, establishing special moral management institutions, perfecting the purification mechanism of ethics and morality, and lasting a long time. To carry out ethical and moral training and to improve the moral foundation of civil servants in an all-round way. These measures are helpful to the construction of civil servants' morality, the construction of professional ethics and the improvement of the moral level of the whole society.
The third chapter is "the organization of moral regulation, the mode of operation and the mechanism of action". Moral regulation is a flexible regulation. It mainly guides and influences the members of the society through the rational argument and emotional sensitivity of "why to do this", and makes it voluntarily choose behavior which is more customary and moral, which is actually rational. The moral regulation of civil servants' duty crime is a systematic project, which involves the functions and structures of the system, the elements and systems, the mode of regulation (mode) and the operation mechanism. At the same time, the moral regulation of civil servants under the social and cultural system is actually the value concept, the system norm and the social action. In accordance with the specific national conditions of our country, special moral regulation organizations should be established. According to the subordinate relations and administrative powers of the civil servants, the central state organs, the local government and the departments at the three level conduct the moral regulation of the civil servants' duty crimes. The central state organs, the local government and the vertical system are the three level official duties. The establishment of the staff moral control center provides organizational and institutional guarantee for the moral regulation and control of all kinds of civil servants at all levels. In order to achieve good moral control effect, it is necessary to explore the specific operation mode of moral regulation. The operation mode of moral regulation from the bottom to the bottom, the operation mode of introspective moral regulation and the operation mode of external control moral regulation and so on. What kind of moral regulation and control operation mode should be used according to the actual situation, but the internal moral regulation and control operation mode focuses on the moral cultivation of the civil servants themselves, which is much lower than the other five modes of social cost. It is the core or the most important mode of regulation and control. We should try to cultivate the social operating environment of the operation mode of the introspective moral regulation and operation. In order to prevent and control the purpose of the duty crime of the civil servants, it also needs various moral control means, including moral reward and punishment mechanism, moral evaluation mechanism, moral supervision mechanism, moral demonstration mechanism, public opinion supervision. Mechanism, legal regulation mechanism, self-regulation mechanism.
The fourth chapter: "moral regulation and institutional ethics". It mainly analyzes the ethical choice of civil service system construction and the ethical function of institutional regulation. The ethical spirit of civil servants in the civil service ethics is the specific ethical behavior criterion and moral image standard of every civil servant. The ethical spirit of the civil servant becomes a hard constraint on the behavior of civil servants. In the process of system design, all the values which are contrary to the public interests should be excluded from the system design. The ethical norms are both the reflection of the internal order of the system operation system and the rational construction of the administrative concept, such as local obedience. The concept of the overall situation, the concept of combining with the superior and the mass responsibility, the concept of "sunshine" and "transparency", the ethical choice of the civil service duty crime legislation, the ethical choice of the civil service duty crime law enforcement, the ethical choice of the civil servants' duty crime judicial ethics display the ethical function of the system regulation and control. Controlled by values, the values contained in the system include ethical judgments, and the formation of institutional ethics. Institutionalized ethical norms and non institutionalized moral norms superimpose the moral regulation of civil servants.
The fifth chapter: "moral education innovation of civil servants". Civil service moral education is an important means and effective way for civil servants to avoid duty crime through moral self-discipline. To improve the effectiveness of civil service moral education, it is necessary to consider the moral education of civil servants as a system, carry out moral education innovation, and realize effective communication and dissemination of moral information. The moral education of civil servants is a process of information dissemination, in which civil servants' moral education is a process of information dissemination by the government of different social systems in order to make civil servants practice their moral obligations according to moral principles and moral norms. In the course of the process, the civil service training institutions and the civil servants are the main and the guest of the communication education and the acceptance of education. They have achieved good educational results through a certain channel of communication. To a certain extent, this is a persuasive process. Finally, it puts forward the innovation of the moral education method in Dao De and the content of moral education. In order to improve the moral character of civil servants, we will innovate in the moral education system.
【学位授予单位】：湖南师范大学
【学位级别】：博士
【学位授予年份】：2009
【分类号】：D917
本文编号：2160488
[Abstract]:This article mainly studies the civil servants' duty crime in the social transition period from the ethical significance, and focuses on other interdisciplinary subjects such as legal ethics, political ethics, economic ethics and sociology, trying to make up for and eliminate the gap and blind spot of previous related research and give full play to the advantages of ethical research so as to be in the civil service job. The depth and breadth of crime research have been expanded and deepened.
The full text is divided into five chapters.
The first chapter: "the definition and analysis of the crime of civil service duty". It mainly studies the concept, characteristics, types, essence and root of civil servants' duty crime, including the degradation of the government and the corruption and degradation of political principles; the extreme manifestation of a negative deviant behavior; a kind of rent-seeking corruption crime; it is a kind of rent-seeking crime; The betrayal of administrative professional ethics and the vanishing of professional conscience are the most serious forms of power corruption. In addition to the general characteristics of the criminal cases that endanger the society, civil servants' duty crime also has the special characteristics of the subject, the relevance of the duties, the serious harmfulness, the difficulty of investigating and so on. There are various forms of crime, but its ethical essence is a crime that violates the rights and interests of the state and the abuse of public power to seek private interests. The cause of the crime of civil servants is complicated, with profound social and political, economic, cultural and legal reasons, as well as factors such as physiological, psychological and behavioral characteristics of the subject of the crime. There are four basic reasons for the duty crime of civil servants in China during the transition period: temptation and trap, moral control and belief crisis, lack of system and lack of punishment. Among them, temptation and trap are the basic reasons, moral control and belief crisis are the main reasons, the lack of system and the lack of punishment are the basic social conditions.
The second chapter: "the temporal and spatial perspective of moral regulation". It mainly analyzes the experience and lessons of the moral regulation of civil servants' duty crime from the two dimensions of history and reality. Although civil servants are a political concept in the modern sense, there are "soft" ways of moral regulation in different historical periods and different ideological state officials. In order to prevent the official duty crime through moral regulation, we can learn from the successful experience of ancient and modern. The moral regulation of the Chinese ancient officials has obvious characteristics: the emphasis is on the political morality, the moral regulation principle of the government officials, the unification of the official teaching and the practice of the moral regulation and the moral regulation and control, and the moral regulation and control. On the mechanism, the combination of rewards and punishments is carried out. In the mode of moral regulation, the moral regulation mode of three levels of state, school and family has been established. The moral regulation of the duty crime in the western civil servants has the following distinct characteristics: making perfect ethical standards, establishing special moral management institutions, perfecting the purification mechanism of ethics and morality, and lasting a long time. To carry out ethical and moral training and to improve the moral foundation of civil servants in an all-round way. These measures are helpful to the construction of civil servants' morality, the construction of professional ethics and the improvement of the moral level of the whole society.
The third chapter is "the organization of moral regulation, the mode of operation and the mechanism of action". Moral regulation is a flexible regulation. It mainly guides and influences the members of the society through the rational argument and emotional sensitivity of "why to do this", and makes it voluntarily choose behavior which is more customary and moral, which is actually rational. The moral regulation of civil servants' duty crime is a systematic project, which involves the functions and structures of the system, the elements and systems, the mode of regulation (mode) and the operation mechanism. At the same time, the moral regulation of civil servants under the social and cultural system is actually the value concept, the system norm and the social action. In accordance with the specific national conditions of our country, special moral regulation organizations should be established. According to the subordinate relations and administrative powers of the civil servants, the central state organs, the local government and the departments at the three level conduct the moral regulation of the civil servants' duty crimes. The central state organs, the local government and the vertical system are the three level official duties. The establishment of the staff moral control center provides organizational and institutional guarantee for the moral regulation and control of all kinds of civil servants at all levels. In order to achieve good moral control effect, it is necessary to explore the specific operation mode of moral regulation. The operation mode of moral regulation from the bottom to the bottom, the operation mode of introspective moral regulation and the operation mode of external control moral regulation and so on. What kind of moral regulation and control operation mode should be used according to the actual situation, but the internal moral regulation and control operation mode focuses on the moral cultivation of the civil servants themselves, which is much lower than the other five modes of social cost. It is the core or the most important mode of regulation and control. We should try to cultivate the social operating environment of the operation mode of the introspective moral regulation and operation. In order to prevent and control the purpose of the duty crime of the civil servants, it also needs various moral control means, including moral reward and punishment mechanism, moral evaluation mechanism, moral supervision mechanism, moral demonstration mechanism, public opinion supervision. Mechanism, legal regulation mechanism, self-regulation mechanism.
The fourth chapter: "moral regulation and institutional ethics". It mainly analyzes the ethical choice of civil service system construction and the ethical function of institutional regulation. The ethical spirit of civil servants in the civil service ethics is the specific ethical behavior criterion and moral image standard of every civil servant. The ethical spirit of the civil servant becomes a hard constraint on the behavior of civil servants. In the process of system design, all the values which are contrary to the public interests should be excluded from the system design. The ethical norms are both the reflection of the internal order of the system operation system and the rational construction of the administrative concept, such as local obedience. The concept of the overall situation, the concept of combining with the superior and the mass responsibility, the concept of "sunshine" and "transparency", the ethical choice of the civil service duty crime legislation, the ethical choice of the civil service duty crime law enforcement, the ethical choice of the civil servants' duty crime judicial ethics display the ethical function of the system regulation and control. Controlled by values, the values contained in the system include ethical judgments, and the formation of institutional ethics. Institutionalized ethical norms and non institutionalized moral norms superimpose the moral regulation of civil servants.
The fifth chapter: "moral education innovation of civil servants". Civil service moral education is an important means and effective way for civil servants to avoid duty crime through moral self-discipline. To improve the effectiveness of civil service moral education, it is necessary to consider the moral education of civil servants as a system, carry out moral education innovation, and realize effective communication and dissemination of moral information. The moral education of civil servants is a process of information dissemination, in which civil servants' moral education is a process of information dissemination by the government of different social systems in order to make civil servants practice their moral obligations according to moral principles and moral norms. In the course of the process, the civil service training institutions and the civil servants are the main and the guest of the communication education and the acceptance of education. They have achieved good educational results through a certain channel of communication. To a certain extent, this is a persuasive process. Finally, it puts forward the innovation of the moral education method in Dao De and the content of moral education. In order to improve the moral character of civil servants, we will innovate in the moral education system.
【学位授予单位】：湖南师范大学
【学位级别】：博士
【学位授予年份】：2009
【分类号】：D917
【引证文献】
相关博士学位论文 前2条
1 宁洁;法伦理学：学科抑或思想[D];湘潭大学;2011年
2 李景华;反腐败预防优先理念研究[D];中国政法大学;2011年
相关硕士学位论文 前1条
1 和蕾;中国企业家犯罪及防控对策研究[D];华中师范大学;2012年
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