On The Self-discipline Of Law

Law and morality,as two major norms of human society,jointly maintain the stability of social order.It is generally believed that the law relies on the national coercive force to ensure its implementation and has the characteristics of other disciplines;morality relies on traditional customs and inner beliefs as guarantees and has the characteristics of selfdiscipline.Based on this understanding,following understanding of morality and law may be concluded: morality is mainly realized by conscience self-blame and inner conviction,while law is mainly realized by the external coercive force of the state on individuals,which can be concluded that morality is Self-discipline,law is the conclusion of other laws.However,this conclusion based on the intuitive understanding of morality and law actually shows that there is a certain deviation in the understanding of the self-discipline of law and other laws,especially the lack of the stress on the self-discipline of law.The self-discipline of law is strictly a general description of the behavior of social subjects within a certain range of laws in accordance with established and effective external behavior standards,including laws.Strictly speaking,the self-discipline of law is a general description of the behaviors of social subjects within a certain range under the legal state in accordance with the established and effective external behavior norms besides law.Therefore,to some extent,"self-discipline of law" and "law-abiding" are concepts of the same order,but they are not exactly the same.Although self-discipline of law includes the connotation of law-abiding consciousness,it also has its own uniqueness.The content of laws and regulations as an object itself has the possibility of being consciously observed,that is,the self-discipline of law has a kind of double perspective.But in any case,the neglect of the self-discipline of law also includes the consciousness of the legal subject's law-abiding,and the effective implementation and realization of the law cannot be separated from the self-internal control of the legal subject and the external coercive force of the national coercive force.The consciousness of the law-abiding subject to a certain extent has led to excessive emphasis and reliance on the external compulsory power of the country in the process of law enforcement and implementation,as well as the excessive emphasis on the national compulsory power in theory,which can be one of the reasons why self-discipline of law is neglected.In the long run,it is very likely to fall into a vicious circle.Therefore,in order to maximize its role in the modernization of national governance,it is necessary to face up to the self-discipline of law,which means the connotation and specific positioning of it should be clarified,and the way to promote the self-discipline of law should be figured out then.The first chapter of this article is "The Self-discipline of Law and Related Concepts".This chapter explains and discriminates the the self-discipline of law and related concepts.It mainly includes the following three aspects: the definition of the concept of selfdiscipline and other disciplines and the relationship between the two;the identification of Kant's self-discipline and Marxist self-discipline;and our definition of the self-discipline of law;the difference between the self-discipline of law and other concepts.Through discrimination,on the one hand,we point out that our definition of "the self-discipline of law" does not depart from the general understanding of "self-discipline" and " heteronomy",but is based on the understanding of the two and combines the characteristics of the law itself,that is,the self-discipline of law is actually a description of the situation in which legal subjects take the initiative to act in accordance with the law.That is to say,the selfdiscipline of law emphasizes subjectivity,and the self-discipline of law we use in the general sense is essentially the self-discipline of "people" in the legal state,because the law itself has no will and is not a will main body.So,we use " the self-discipline of law " instead of "legal self-discipline" to avoid unnecessary confusion.The second chapter of this article is "The Existing Knowledge and Causes of the Selfdiscipline of Law ".This chapter focuses on the understanding of the self-discipline of law in existing theories and general cognitive levels.First,it points out that the self-discipline of law has not been given enough attention,that is,the problem of improper or even neglected understanding of the self-discipline of law does exist,and discusses the performance of this issue at the cognitive and practical levels.This paper discusses the causes of this phenomenon from two angles.The most important part is to analyze the theoretical reasons that lead to the neglect of the self-discipline of law.This is one of the main reasons for this problem: the general public and even many scholars.Apply the thinking and understanding framework of moral self-discipline and other laws directly to the understanding of the self-discipline of law and other laws.It reflects problems on two levels: on the one hand,the emergence of this problem can be largely attributed to the deviation in understanding of self-discipline and other laws;on the other hand,this is precisely the legal cognition,especially law and morality a major mistake in understanding the relationship between them is a prerequisite problem that needs to be solved urgently in the construction of modern rule of law.Finally,it points out that the self-discipline of law should be faced squarely.At the same time,it explains the specific connotation of the selfdiscipline of law in the three levels of theory,practice and modernization of state governance,so as to point out the proper attitude towards the self-discipline of law.The third chapter of this article is "Analysis of the Mechanism of the Self-discipline of Law ".This chapter mainly discusses the mechanism of the self-discipline of law.Specifically,it includes three major aspects: First,external behavioral norms such as law.This is the prerequisite for the realization of the self-discipline of law,which provides an external normative basis and basis for the self-discipline of law.Second,the subject of the self-discipline of law.The self-discipline of law is essentially the self-discipline of all members of society under the state of law,so it must rely on the specific behavior of specific subjects,which is the key to the realization of l the self-discipline of law.Third,the self-discipline of law as an act will inevitably It has a certain impact on the country and society,and the actual effects derived from the self-discipline of law also constitute the criteria for judging whether it is reasonable or not.The analysis of the internal mechanism of the self-discipline of law actually shows that the self-discipline of law is reasonable,logical,and self-consistent,which means,under the legal state,it is not only achievable to regulate one's own behavior with the norms of force,but it is also inevitable,to some extent,for social subjects consciously and actively use the law to externally and constrain behavior.The fourth chapter of this article is "Analysis of the Self-discipline of Law in the Implementation of Law".This chapter aims to analyze the status of the self-discipline of law in the process of law enforcement,and through the analysis of the form and role of the self-discipline of law in law enforcement and between the self-discipline of law and legal compliance in general Identify the relationship and discuss the practical value of the selfdiscipline of law,which is to explain the necessity of facing the the self-discipline of law in the governance of the country,especially the special value in the implementation and realization of the law.Specifically,law enforcement includes three specific processes:legislative,judicial,and law-abiding.The goal of law enforcement is the realization of the law.Whether it is the smooth implementation of the law enforcement or the realization of the goal of the law,it is bound to require the legal subject 's Participation,especially the self-discipline of legal subjects.The the self-discipline of law we are talking about here strictly refers to the self-discipline of people in the legal state.Therefore,if the law-abiding subject and all social subjects under the rule of law can truly achieve self-discipline during the law enforcement process,then the law not only will it be smoothly implemented,but also be able to achieve and achieve the desired effect,but in fact,the self-discipline of law has not played its due role in the process of law enforcement.The fifth chapter of this article is "Promoting the Self-discipline of Law ".This chapter focuses on the issue of how to publicize the self-discipline of law.It mainly includes two levels: firstly,it is necessary to clarify what realistic conditions are required for the realization of the self-discipline of law;secondly,based on the theoretical and practical dilemmas existing in reality,combined with the conditions required for the realization of the self-discipline of law to determine the effort Direction,and from the perspective of citizens as the general social subject,the law,the legal subject,and the state and society.On the premise of recognizing the important theoretical and practical significance of the self-discipline of law,a mechanism that can effectively change people's understanding of the self-discipline of law and establish an important position of the selfdiscipline of law is established.With a view to truly exerting its due role in the modernization of state governance and the rule of law in the country,the ideal goal of good law and good governance is finally achieved.In general,accurately understanding and positioning the self-discipline of law is of great significance to individuals,social life,law,and the construction of the rule of law.This not only helps to accurately position the value orientation of modern law and accurately understand the existence of morals in today's society in order to achieve its benign interaction with the law,but it is also an inherent requirement for the ultimate realization of good law and good governance.Therefore,this article attempts to do some research on " the self-discipline of law " and hopes to gain new understanding in theoretical to make up for the deficiencies in existing theoretical cognition and correct deviations in actual legal practice,and if possible to make contributions to rule of law.