Moral Law Of Analysis

The relation questions of the morals and law, is a great basic problem on the human intellectual history. Build lieutenant general's morals to become the law or say in the morals the morals are legal, can be said at the same time it accords with the logic development result that our party pays attention to the legal understanding that the morals ensure function .Will "run the country according to law" and "run the country with morality" to link up? this is maturity of a theory of state policy of our country, at the same time it is a great difficult problem in theory. So, probing into the legal need become the times of the morals from academy.This selected title, according to the legal achievement that study of morals already made both at home and abroad, divide six parts and carry on thoroughgoing and painstaking carrying on the discussion: First part Proceed with definition with legal morals. The morals lay particular emphasis on the legislative course legally, is it transform or is it has country force activity of legal norm of strength to confirm certain moral concept and code of ethic of society as through legislative means to mean. Legal the law a difference of Doha that then make a concrete analysis of the morals and getting in touch , relation between historical source, the legal code of ethic and ordinary code of ethic with legal morals.Second part it is the rationality analysis with legal morals. This part is one of the key parts of an article; analyze in depth the existence foundation of the legal phenomenon of morals. First, study the science on the foundation. Explain the interests at first, as the value foundation with legal morals; Secondly describe justice, it is ethics spirit contained in the law; It is liability which is regarded as the intermediary and bridge with legal morals and right norm again; Compatibility of the morals and law that finally to prove. Including the morals need guarantee of the law; Implementation and in accordance with depending on ethical support of the law; The two permeate , restrict each other each other, safeguard social system and civilization together. Second, realistic basis. The morals presented in the economic transition of the market lack and require the law to ensure the order and stability of the society; the pluralism of the code of ethic and mandatory and weak characteristic need the law to supplementThe third part it is theory and practice with legal morals at all times and in alllands. There is one's own particularity in China, we cannot but consider the cultural tradition of China while using legal experiences of the foreign advanced morals for reference, is it consider China pay attention to tradition, morals of function for a long time to want especially. It is the legislative practices of the current various countries .finally, point out the legislative practices of the countries all over the world clearly, offer practice basis for the fact that the morals are legal.The fourth part: It is meaning and limitation with legal morals. It helps individual private Germany to transform into all social morality that the important meaning with legal morals is included, realize the improvement with horizontal social whole morals, etc... there is also limitations while containing important meaning, it is multiply people ethical dishonesty and dual personality to include mainly, on the basis of morals legal regulation of sense of principle, give a judge the great right ofjudging amount of freedom; Increase of the social cost.The fifth part it is the limit analysis with legal morals. This part of contents of the article have proved the degree that the morals can be legal according to the ethical limited characteristic , prevent being suffused with a Doha and canceling the law. Particularly, and can realize the degree as the basis with the acceptable degree of the society; Insist on taking obligatory code of ethic as the core, die right code of ethic is the method to complement; The morals regard " ruling by law" as the value direction legally; Variety and dynamics with legal morals.The sixth part it is a legal guidance function to legislative practice of our country of the morals. The theory is for guiding practice, it is legal to analyze in depth the morals, in order to guide the legislative practice of our country the article guides the legislative practice through three parts, and it is social ethics, the professional ethics, family virtues to be concrete.The innovation of this text lies in legal concept is defined fatherly the morals, define " law " apiary; On this basis, it should not be only " obligation " to put forward the intermediary with legal morals," right" should include among than too; Point out in the legal limit of the morals that can't regard " morals of the hope " and" morals of the obligation" as the limit and wait briefly.