Legal And Moral Boundaries

The relation between the law and morals has always been a basic problem of law philosophy. To truly demonstrate the problem when the law encountered the morals in China's social transition process of rule of law, the author takes a case for example that a "Concubine" requesting the execution of bequeathment that happened in 2001 in Sichuan Luzhou to analyze.Currently, most scholars are discussing on whether the bequeathal behavior effective in terms of civil law, though a few scholars have appraised this case on the basis of the conflicts of "morals and law ", but it seems insufficient. Originally just an ordinary bequeath civil case, but because the plaintiff is a "Concubine ", ultimately made her lose the lawsuit. So, in conflicts of legal and moral values, how do judge make choice? Should he/she introduce moral sentiments to judgment? Where is the boundary between law and morals? What's the inherent morality of ruling of law?The analysis of the case based on law and morals's relationship, the author has negative attitude about the disposal of the case in some procedural and substantive issues, the meaning of law is to give everyone equal protection, the law should be rational, and moral must maintain a certain distance. The plaintiff appeals court that will take effective legal, notarized copy of the wills can be obtained on the basis of property. This article asserts bequeath and cohabitation acts are two separate acts, the court mixes together then do a moral judgment, clearly inappropriate.The main composed of the following four components:Part I, on the basic facts of the case and bequeath focus of controversy, to some scholars' remarks in civil law, the author offers her appraisal, thinking that the judge should not use such a moral justification to overthrow a legally based bequeath.Part II, Where is the boundary between law and morals? Firstly, the author analyses the principle "public order& good custom". Four days before his death due to sickness in Huang's will bequeath property to the "concubine", not to maintain improper cohabitation relationship with the plaintiff, thus in violation of...