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Research Of Chinese Civil Law's Juristic Morality

Posted on:2007-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2166360182460706Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
Law and morality are highly attended by Chinese and foreign ideologists, there are countless ties relations between law and morality, as well as conflict. It is undividable society's advancement for law and morality. Morality is the core value of law and law is national force of basis morality. Law emphasize that the exceeded behavior criterion will be punished by national force; however, morality is devoid of punishment to behavior result because the goal of morality is the person will not breach behavior criterion at all. The material difference between the morality and law is that morality's behavior criterion will not be raised to national volition, and the breach will not be restricted or punished by force accordingly, that is just what inevitability of juristic morality is.Many scholar dissertated relative question about juristic morality in recent years. Juristic morality is just the deed and process that some morality conception and morality criterion are transformed law criterion. On account of morality could adjust every field of society life, Scholars made a lot of discussions about every angle 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, and all of discussions belong to civil law field, therefore, juristic morality is incarnated most evidently in civil law field.This article is based this subject on civil law field, by way of relations between morality and law, dissertating juristic morality's conception and form. On the bases of analyzing juristic morality's rationality, anatomy our nation's nowadays status of juristic morality, and considering how to perfect juristic morality in civil field.
Keywords/Search Tags:Law, Morality, Civil Law, Juristic Morality
PDF Full Text Request
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