The proposition of the relationship between morality and law has always been a question that many scholars in the field of law think and study. However, so far, no theoretical school can become a universal theory. I want to talk about my views here.

First, the theoretical meaning of morality and law.

(A), the theoretical meaning of morality:

1. From the perspective of historical materialism, morality is rooted in certain material living conditions. Engels said: "All previous moral theories are, in the final analysis, the products of social and economic conditions at that time. Society is still advancing in class opposition until now, so morality is always class morality. " This shows that the content of morality is ultimately determined by economic conditions and changes accordingly with the development of economy; Different social groups based on different material living conditions have different moral concepts, and the morality of class society has class nature. Therefore, we can simply summarize morality as follows: morality is the sum total of the thoughts, principles and norms of natural people living under certain material living conditions, such as good and evil, honor and shame, justice and injustice, justice and prejudice, barbarism and modesty, or a comprehensive system of contradictions and unity.

2. Moral characteristics:

(1) Morality grasps the real world by evaluating good and evil. Marx said that in the process of grasping the world, we usually grasp it scientifically, morally and artistically. In these three aspects, moral guarantee is to distinguish good from evil.

(2) Morality is not enforced by the state, but maintained by people's ideas, public opinions and good customs (that is, the "emperor clause" in civil law). The difference of coercive power stems from the difference of the power to ensure its implementation.

(3) When adjusting the interests of individuals and others, individuals and social collectives, morality does not emphasize the personal interests of people like other social norms, but emphasizes the interests of others and social collectives.

3. The function of morality

(1), the adjustment function of morality: The adjustment function of morality refers to guiding and correcting people's behaviors and activities through evaluation, thus coordinating people's abilities.