On The Debate On Relationship Between Morality And Law In Chinese Traditional Culture

The debate on relationship between morality and law(hereinafter abbreviated morality and law debate), it is an important cultural phenomenon in Chinese traditional society. By this debate, it shown we use to have choice and stick in the system construction, Cultivate law-abiding consciousness and the mode of governance. History is not dead past, but original power for the development of reality. Therefore, “morality and law debate” in the Chinese traditional society has always been to undertake the past, enlighten the present, plan for the future with a strong historical inertia force. So, in the moment, we are building a socialist country ruled by law on the journey, also need to face it. Therefore, research on basic problems which it has absorbed and concise about the relationship between morality and law problem in the thousands of years of Chinese traditional society, it must have a theoretical and research space and Practice deduction and direction.Therefore, the thesis includes the following main contents:First of all, patterns of culture provide necessary cultural elements to support and guide for “morality and law debate”. “Morality and law debate” of generation, expanding and deepening is always doing in a some cultural background and ideological environment, So, whether the system construction from the proposition of metaphysical level to sort out specific, or from the metaphysical explanation and reflection on the governing mode and the ontological category, this debate inevitably requires to shows its dependence of cultural background, cultural elements and cultural characteristics, Only in this way, it is possible to lay the cultural dimension and necessary scene for the other problems debate.Secondly, at the macro level, through combing Chinese traditional culture of “debates the morality and law” of the historical process and the keynote, the purpose lies in highlighting to the culture trait of the relationship between morality and law under a certain culture mode. in order to refine the core elements、historical cause and value subject of the relationship between morality and law in the process of “changed”and “unchanged”, so as to lay the theoretical basis for expansion of other problems described.Thirdly, in the historical process of the relationship between morality and law, system construction is an inherent meaning of “morality and law debate”. with the help of legalization of morality and moralization of law, in the two aspects of the external behavior and internal thought, they built the legal system, the legitimacy of the rule of political power for the society and state, which are dominated by Confucian ethics, the relationship between morality and law is converted the fusion and choice in the specific content of the system. So, In order to show, in particular the dominant social ideology, “morality and law debate” built system that it was characteristics and content of inevitability mode at the metaphysical level.Finally, in the “morality and law debate”, the social order control system, which is formed by legalization of morality and moralization of law, must be need to construct and preset the value of a ultimacy source and dominate, assume that an ultimate sense of the referee authority to govern and preset the value and direction of the social order control system.Without this, then, the social order control system are designed by religious worship, moral self-discipline and legal enforcement and other methods, in any case, is a kind of unrealistic to imagine. Through the specific cultural patterns formed the social value construction mode which it is the characteristics of the heaven shaping the human being. At the same time, it was also “morality and law debate” need to be concentrated expression, appeal and expect in the metaphysical level. Therefore, in the process of the construction of the moral value of the body, various moral elements to be generated circulate and work, under it, the rule by morality had become an inevitable choice. Then, whether it is the religious worship, moral self-discipline, or the law enforcement, are under the control of Tian Li.Research on “morality and law debate” in the China traditional culture, its thinking and enlightenment for us is, First, we need to seriously reflect on the historical drawbacks of single type governance pattern that “the law has been as the sole means for resolving social conflicts or advocate moral means and abandon the law”. Only use both morality and law, then the state order will be long-term stability, if we only depended on moral means or law, and put its function into the extreme case, so it will be abandoned by history; Second, We need to take seriously the social system building mode of “moral means controlling inner thought and legal means controlling external behavior”. So, the social system building mode of the legalization of morality and moralization of law do not neglect the basic path; Third, we need to transcend the historical limitation of the traditional culture “morality and law debate”, and innovate some new content for the present; Fourth, in the methodology sense, we need to seriously analyze the traditional society is how to with “morality and law debate” to form a social value consensus, shape the value of community, and constructing and achieve the theoretical approach of self subjectivity characteristics.