The relationship between morality and law.
Morality and law have many similarities, but they belong to different social adjustment norms and have their own adjustment fields. If their adjustment scope is not clear, it will lead to different social evaluation standards and eventually lead to social disorder. The difference between law and morality is mainly manifested in the following aspects:
First, in the mode of production, law is a code of conduct formulated or recognized by the state, and morality is spontaneously formed in the process of human social development;
Secondly, on the object of adjustment, morality adjusts external behavior by influencing people's inner beliefs, while law directly points to people's external behavior;
Third, in the scope of adjustment, the scope of moral adjustment covers almost every field of social life. Comparatively speaking, the scope of legal adjustment is very limited. Legal adjustment mainly focuses on behaviors and relationships that have a practical impact on national interests, public interests and the interests of others.
Fourth, in the form of expression, morality exists in ideas and lacks clear standards, while law is a set of definite and logically strict norms;
Fifth, in terms of adjustment means, morality mainly depends on people's inner beliefs and condemnation of public opinion, while law mainly depends on national coercion to ensure implementation.
The conflict between morality and law. In most cases, morality and law are unified in essence, but in practice, they sometimes conflict. What are the reasons for the conflict between morality and law?
First of all, there is no reciprocal relationship between law and morality. Illegal acts should not only be punished by law, but also condemned by social morality, and acts that violate morality do not necessarily violate the law. The reason is that not all moral norms have legal effect, and the ruling class has raised the moral norms that reflect its own interests into laws through legislation, thus safeguarding the social value foundation of the ruling class. On the contrary, if all moral principles are turned into laws, then morality will take the place of law, which goes against the original intention of making laws.
Secondly, on the one hand, the adaptation of law to moral changes is lagging behind. Moral concepts change with the development of material conditions, which takes a long time to complete imperceptibly, and law usually comes after morality. In addition, with the requirement of legal stability, the law cannot be adjusted in time and quickly. On the other hand, laws are often forward-looking when they are formulated, which may surpass the mainstream social morality at that time. When the pace of morality and law is inconsistent, the conflict between them arises.
Thirdly, because the scope of morality itself is vague, when the concept within its jurisdiction is unclear, the coercive force of law will easily collide with the binding force of moral rules, thus causing conflicts.
Choice of conflict between morality and law
When the moral direction is divorced from the legal provisions, how to choose a judge with jurisdiction has aroused countless debates in society. The author believes that under the background of implementing the basic strategy of governing the country according to law, the supremacy of law is beyond doubt, and moral norms should obey the law; Where the legal rules are vague and can't be covered, that's where morality comes into play. This is determined by the limited factors such as the lack of objectivity and practicality of morality itself. In the absence of legal constraints, expanding the scope of application of morality will inevitably lead to confusion in evaluation criteria.
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The conflict between law and morality is an eternal problem, but the contradiction between them is not irreconcilable. Based on traditional culture and modern rule of law, moral legalization is an important way to solve the conflict between law and morality. We can try to find the coincidence point between them in reality, bring as many rationalized morals as possible into the legal regulation system, and try our best to pursue the unity with morality in legislation.
On the Relationship between Morality and Law —— Also on the Important Role of Morality and Law in Social Development
First, the relationship between morality and law.
Morality is a special social phenomenon with the development of human society. It is a norm that regulates and constrains people's behavior through good and evil norms, norms, obligations, conscience and other forms under certain material living conditions. It is the sum of ideas, norms and principles about right and wrong, honor and disgrace, good and evil, beauty and ugliness. It is not mandatory in itself, but it has a strong binding force, which mainly depends on public opinion evaluation, customs and inner conscience to ensure its implementation and play its role. Morality belongs to the spiritual category and is an important part of the superstructure in social consciousness, which appears with the emergence of human society.
Laws are determined by certain political and economic conditions, reflect the will of the ruling class, are formulated, promulgated and implemented by the state, and have universal binding force to adjust people's social behavior. Compared with morality, law has coercive power, and its implementation mainly relies on external coercive power to force people to abide by it. If you violate the relevant provisions of the law, you must bear the corresponding responsibilities and be punished by the law. Law didn't exist at the beginning, and its emergence and development were restricted by certain conditions. It comes into being with the emergence of countries and classes and plays a leading role in the whole ideology.
Morality and law are both important parts of the superstructure, and they have the same economic foundation. The operation of law is based on morality, and the continuation of morality is supported by law. As a conceptual superstructure, morality guides the emergence and development of law as a political superstructure, and at the same time, the law as a political superstructure provides a guarantee for the implementation of the conceptual superstructure. They are interrelated and promote each other, which promotes the stability and development of social order.
Second, the concrete manifestation of morality in China's modernization.
"Self-cultivation", "governing the country" and "calming the world" are the ways of governing the country and keeping the country safe in China's 5,000-year-old excellent culture, and they are also the motto advocated by wise monarchs in past dynasties. However, with the development of productive forces, great changes have taken place in the mode of production, lifestyle and way of thinking of human beings, and the ethical and moral culture that has always been stable in China society has inevitably fluctuated and become out of control.
Morality is the product of a certain mode of production and a direct reflection of the economic base. Morality is inherited from history, and different times have different concepts and evaluation criteria. At present, China has realized the transformation from traditional society to modern society, and profound changes have taken place in moral ethics, and new moral concepts corresponding to modernization have been established. Morality from heteronomy to self-discipline, from demanding to tolerant understanding, from sensibility to rationality. With the change of moral value, morality not only makes the individual level of society realize self-improvement, but also meets the role of social collective level norms. This greatly mobilized individual's labor enthusiasm and creativity, and promoted the rapid accumulation of social wealth. Under the moral norms and constraints, the rule of law in the whole society has been continuously improved, and socialist democracy has been greatly guaranteed.
Everything is contradictory. When we happily show the progress and achievements in the moral field since the reform, we can't face up to all kinds of ills in moral life irrationally. At present, China society is in a period of great change and transformation. With the diversification of stakeholders, people's moral values also show the characteristics of multipolarization. The moral culture regarded as the national blood began to lose weight in the process of social evolution, and people seemed eager to get rid of the shackles of morality and pursue the so-called free and democratic lifestyle. An irrational value concept gradually replaces the traditional rational value, which makes morality lose its evaluation standard and deterrence to a great extent. While the traditional view of justice and benefit affirms and respects the value and function of individuals, people seem to turn to the other extreme in the process of pursuing value, and money worship sweeps in. Driven by interests, many people ignore moral constraints and seek their own interests by hook or by crook.
Trading power and money, selling fake and inferior products, selling drugs and abducting and selling women and children are common phenomena. Money is a symbol of social status. Under the influence of this erroneous idea, some party cadres are corrupt and divorced from the masses, and unscrupulous businessmen disregard the lives of others. These phenomena not only undermine socialist democracy and the rule of law, but even endanger social harmony and stability.
Moreover, since the reform and opening-up, influenced by the western ideological trend and interfered by some hostile forces, China's traditional virtues are also in jeopardy. Traditional values such as "respecting the old and loving the young", "diligence and thrift" and "respecting teachers and valuing morality" have been gradually weakened. For example, the elderly in society dare not help them cross the street, no one is willing to give their seats to the elderly on the bus, and some teachers lack the morality of asking students for money and goods. These phenomena all illustrate the current morality. China's traditional virtue is the main motive force and source for the continuation of China's splendid culture for 5,000 years. The lack and decay of morality will inevitably bring heavy pain to the Chinese nation and must be highly valued by the society.
Third, how to play the role of morality in the construction of the rule of law.
Morality and law are important components of social ideology. Throughout the ages, China has always emphasized the combination of ruling the country by virtue and ruling the country by law. Under the joint action of rule of virtue and rule of law, it will promote social progress and development and promote the stability of social order. At present, there are a series of problems in moral belief in China. The deep-seated reasons are: under the action of market economy, the market pays too much attention to the accumulation of material wealth, and under the condition of low level of social productivity development, people become greedy and indifferent in the process of pursuing interests; In the social field, the lack of power supervision, social and market supervision, fairness and justice, democracy and the rule of law, people's demands are not answered, and rights and interests are not safeguarded, which directly leads to the current moral decline; In the field of culture, the diversification of interests also directly leads to the diversification of people's thoughts. Some negative cultures have penetrated into social life, while the mainstream culture is weakened, which is also an important reason for the current moral crisis.
At the Fourth Plenary Session of the 18th CPC Central Committee, the Party Central Committee discussed the issue of governing the country according to law, which was the first time in the history of the Party. Morality and law are two red lines for maintaining social fairness and justice. Social fairness, justice, democracy, rule of law, honesty and fraternity need the joint efforts of law and morality. Morality and law both contain profound national cultural content. Morality guides the formulation and implementation of laws, and it is also an important foundation and guarantee for governing the country according to law. At present, there are a series of problems in the process of building the rule of law in China. Citizens' legal quality is low and their awareness of democratic law is weak. Some people are ignorant even when their legitimate rights and interests are violated, and they don't know how to safeguard their rights and interests. They usually express their demands in extreme ways such as gathering people to make trouble and setting themselves on fire. At present, China's legal system has been established, but it is not perfect and lacks a system, which directly leads to the incomplete implementation of the rule of law, which leads to the obvious administrative color in the application of the law, and it is difficult to truly abide by the law, enforce the law strictly and investigate the offenders.
Law is a powerful support for moral construction. Applying moral value to the process of law enforcement can not only maintain moral fashion, but also cultivate moral consciousness. The relationship between law and morality is highly unified. The imperfection of law implementation will directly affect the role of morality, and the lack of morality will affect the construction of the rule of law. Therefore, in order to build a socialist society ruled by law as soon as possible, we must adhere to "grasping with both hands" and "being hard with both hands".
First of all, we should speed up and improve the construction of the socialist market economic system, promote the development of productive forces, and provide a good material foundation and living space for moral construction;
Secondly, we should strengthen social management, promote social fairness and justice, and create conditions for moral development; sequence
Third, strengthen the construction of advanced socialist culture, comprehensively build socialist core values, strengthen and improve socialist moral education, combine traditional culture with advanced culture, adhere to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, Theory of Three Represents and Scientific Outlook on Development as the guidance, and establish a new trend in the whole society.
Finally, strengthen the construction of socialist rule of law, adhere to "people-oriented" in legislative work, comprehensively and deeply consider moral factors, be close to people's real life, raise relevant social issues to the legal level, and protect people's legitimate rights and interests; Strengthening the implementation of the law is the embodiment of the will of the ruling class of the country. If it is not effectively implemented, the institutional guarantee formulated to maintain the stability of governance will eventually lose its meaning of existence and affect the harmonious development of society. Therefore, the state must strengthen law enforcement, improve legal supervision, create a good legal environment, form an atmosphere of law-abiding in the whole society, and finally form a civilized fashion in which the whole society stresses morality and is bound by law to promote social progress and development.
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