The Mutual Combination And Development Of Ruling By Law And Morality

The thesis, based on Marxist law science and ethics, through an analysis of the mutual combination and development of ruling by law and by morality, focuses on the study of the perfect combination and the successful development of the two ruling methods under socialist market economy conditions. Different from the previous studies of the topic, the thesis mainly deals with their functions and limitations and the inexorable trend of combinations during the socialist constructions. It points out that to build a mutually rich society is the necessary trend and core target of ruling by law and by morality now.Firstly, the thesis discusses that ruling by law, in the modern sense, was formed in modern West but its spirit can be traced to the era of Aristotle. It spread over its borders to the outside world and accordingly became the favorite choice for democratic state ruling. The traditional Chinese society did not carry out the ruling by law in the modern sense and this ruling strategy was not established before many historical complications. Comparatively speaking, traditional Chinese society paid more attentions to the ruling by morality. Western legalists and law executives absorbed ideas from other society governing modes and thereafter ruling by morality became their best choice when they could mot find solutions to their social problems. The appearance of the global morality is just the best proof. However, there must be specific conditions for the recognizing and abiding of the global morality, the combination of ruling by law and by morality is accordingly the necessary historical trend. The construction of Chinese socialist modern society provides a practical condition to combination of ruling by law and by morality.Secondly, the thesis discusses about the functions and the limitations of the two ruling ways from the view of dialetics and their necessary combinations. Thelaw has its own advantages like nonpersonified authority, direct control of crimes, the clear distinctions between authority and rights, but at the same time it also owns limitations like the difference of subjectiveness and objectiveness , the realm limitations, high resource cost and the limitation of lawful justice. As a result, the thesis raises ten rules of the ruling by law, ie, the law must be abstract, well-known, farsighted, specific, not contradictory, stable, more powerful than the government, judicial powers and justice. Ruling by morality, on the other hand, has its functions like preventing conflicts, reducing the judicial cost and the advantage of moral criticism, etc. Nevertheless, it also has limitations like weak control, moral multitude, lack of moral resources and poor matching, etc.Thirdly, the thesis discusses the combination conditions of the two ruling ways from their functions and relationship, including moral values, judicial morality and the moral conditions for law-abiding.Fourthly, the thesis discusses that the combination of the two ruling ways is the necessary requirement of the thought of The Three Representing; it also discusses about their mutual development during the constructions of socialist political civilization, systematic civilization and spiritual civilization. The basic objective of the combination of ruling by law and morality is to build a mutually rich society.