Research On The Issue Of Legislation Of Morals Under Marxist Philosophical Vision

There are many forms of Social control means, generally including religion, ethics, customs, traditions, laws and even the rules of walks, among which the regulations of ethics and laws are the most obvious. For a long time, laws and ethics, which are inextricably linked but also collided, have been greatly concerned by many domestic and foreign thinkers. Not only morals but also laws are indispensable to the social development and progress. In the process of building socialism with Chinese characteristics, we should uphold the rule of law and the principle of ruling the country by virtue. Morality is the core value of law, the law is the state compulsion of basic morals. What laws stress is that if the code of conduct is exceeded, the state mandatory punishment must be implemented, and however, morality is devoid of punishment to behavior results because the goal of morality is to hope people will not breach the codes of conduct at all. The fundamental difference of morality and law is that morality's codes of conduct will not be raised to national volition, thus the breach will not be restricted or punished by mandatory force, accordingly, that is just where the necessity of legislation of morals lies.Over the years, many scholars have made lots of studies on the issues related to the legislation of morals, which is just the deed and process that some morality conception and morality criteria are transformed into law criteria. On account of morality could adjust every field of social life, scholars made a lot of relevant discussions from different dimensions of morality and law. Some scholars discuss it in macroscopical way, some scholars discuss it by single way of civil law's basis principle or some special field such as Marriage Law.This article is based on the basic issues of legislation of morals, by way of relations between morality and law, dissertating the conception and forms of legislation of morals. Based on analyzing the necessity and possibility of juristic morality, this article illustrates our nation's nowadays status of juristic morality, and imparts a series of reflections on the issues such as how to improve our country's legislation of orals, how to give full play to the law in building a socialist harmonious society and so on.