Research On The Combination Of Morality And Law From The Perspective Of National Governance Modernization

To modernize China’s governance,the combination of morality and law are indispensable,and the two complement each other.The realization of the value of the law and the better implementation of the law need the nourishment and guidance of morality and vice versa.The rule of morality mainly takes the moral system as the carrier and provides the value foundation for the rule of law.The rule of law takes the legal system as the carrier and provides the guarantee foundation for the rule of morality.So they are unified in the practice of the modernization of national governance.In my opinion,the meaning of national governance modernization should stick to the combination of both morality and law.The modernization of national governance promotes the development of the combination of morality and law in depth,while the combination of morality and law promotes the realization of the modernization of national governance.The two are closely related and organically unified.Modernization of China’s governance co-exists with the integration of morality and law.The party’s leadership is the premise of the coexistence of the modernization of national governance and the combination of morality and law,and taking the fundamental interests of the people as the starting point is the foundation of the coexistence of the modernization of national governance and the combination of morality and law.The modernization of national governance and the combination of morality and law require freedom,equality,affluence,justice,rule of law and harmony.The thought to combine the rule of morality and the rule of law has a long history all over the world.The analysis and elaboration of these thoughts is the logical basis for exploring the combination of morality and law under the perspective of national governance modernization.In this paper,the author will analyze and summarize Marx and Engels theory of state and other relevant theories of virtue and rule,as well as the theories and practice in combining the rule and morality which are both from the ancient China and the Communist Party in Contemporary China.In an attempt to sum up experiences and lessons from the past,the study was undertook to offer more theoretical support to study how to combine the morality and the rule of law under the perspective of national governance modernization.The rule of morality and the rule of law,as two basic ways of modern state governance,are the inevitable results and objective requirements of modern state development.The essence of governance lies in the activity that state organs hold the public power to maintain social order and solve social contradictions.Governance has existed in different forms since the formation of human society.It is the internal demand of the modernized national governance in which the rule of virtue has deep rationality.The functions of rule of morality are as follows:endow socialism with Chinese characteristics,guarantee the realization of social order and legal order,guide human nature and realize all-round and free development of human beings.As the basic way to govern a country,it is deeply rational for a country to use the rule of law.With order,justice,human rights,efficiency,harmony,the rule of law provides value guidance for the modernization of national governance.This is an important value goal of the rule of law,and also the fundamental goal of the modernization of national governance.The rule of law provides institutional support for national governance.Gradually,it turns the system of national governance into a legal system by totally breaking away from traditional forms of governance and management,and finally builds a modern system of national governance which is especially systematic,institutionalized,scientific,democratic and law-based.Dialectically speaking,the inherent differences between morality and law can make up for their defects and provide necessary conditions for their combination.These differences also bring about the internal conflicts of their combination.Morality has multilevel complexity,so the internal conflict between the morality and the law lies in the unity of legal system,the richness of moral system,the simplification of legal evaluation standard and the complexity of moral evaluation standard.Morality itself emphasizes moral obligation more than moral right,so the external conflict between the morality and the law is reflected in different ways to achieve social justice and realize the different emphasis of rule structure.From the perspective of the development process,the influence of traditional morality is deeply rooted,and Chinese law is characterized by congenital deficiency.Therefore,there is a non-synchronicity both between the ancient traditional culture and modern rule of law culture,and between moral development and legal development,both of which are the main expressions of internal conflicts between the two.Under the background of national governance modernization,the combination of morality and law faces inevitable external challenges.The more and more intensive social stratification in China deepens the differentiation of resources,rights and ideas,which further aggravates the difficulty of social integration.Information technology has profoundly changed our traditional mode of production,ways of life and ways of thinking.It brought great convenience to people,however,the negative effects appeared at the same time.In the contemporary China,there still exists much influence of human feeling on their judgement.It is perceptual but the law is rational.The conflicts between the two are a major challenges for the combination of morality and law.The level of China’s national governance needs to be further improved and the concept and practice of governance are relatively backward,thus both of them increase the difficulty in the practice of combining morality and law.The development of the socialist market economy in contemporary China has always maintained a steady upward trend.The ultimate purpose of the scientific theories is to guide practice.Actually,the goal of in-depth elaboration of any theory is the ultimate application to practice.The combination of morality and law is not only a theoretical problem,which needs to be defined and discussed from the theoretical level,but also a practical problem,which should play a full role in the actual governance activities.From a broader perspective of national governance modernization,this paper proposes comprehensively and systematically a practical path that breaks through the limitations of the relationship between morality and law.It is not simple to combine the morality and the law.It is necessary for the "critical minority" to play an important role in strengthening the supporting role of the morality to the law,making the moral requirements throughout the process of rule’s construction and using the law to solve prominent problems in the moral field.It is necessary to make full use of intelligence technology to promote successful learning cases in practice,to innovate and form the theory system.It is also necessary to enhance the strength of the socialist economy to improve and increase Chinese-style democratic politics and promote the law and the morality to make a joint effort in the process of state governance.