Research On The Legislation Of Morals Under The Socialist Market Economy

The relationship between morality and law is the eternal and basic topic of the philosophy of law. In its core values of law with morality, and the lowest level of morality must be carried out by means of the national force of law. Throughout the history of the development of human society, morality and law is essential for development and progress of human society,and the two main means of social control.Ethics only pursuit of the people to good comply the code of conduct, however, the law stresses that if people go beyond the established norms, must be subject to mandatory state intervention to specific perpetrator be punished. Moral is lack of mandatory treatment of national to the results of behavior, determines the necessity of the legislation of morals. Although scholars have different definitions of connotation of legislation of morals, but its main objective is that legislators are based on the practical needs of social development, by means of the legislative process, to a certain conception of moral values, ethics and moral principles of standardization and institutionalization, and to have the national will of the legal form shown. Legislation of morals is a common phenomenon in legal development of countries in the world, and as such, many experts and scholars at home and abroad has long been a lot of the research and argumentation to legislation of morals of theory and practical issues, particularly the theory of legislation of morals, and fruitful research. Under the realistic background of the rapid development of the socialist market economy, the existence of the current social development of moral loss and its causes are analyzed, and the meaning of the legislation of moral is defined as the logical starting point to article demonstrates, to explain the legislation of moral of the necessity. Meanwhile, a good basis for the entry point of the legislation of moral is that the similarities between morality and law, and its economic, political, social, cultural, value, system, practice, to analyze its theoretical basis and practical basis, and demonstration of the legislation of moral is reasonable. The scope of the legislation of moral issues, first, based on heterogeneity of moral and law, to explain the legislation of moral must maintain a reasonable range of reasons, followed by the legislation of moral in determining the scope of the basic principles should be adhered to are described, and from the three aspects of the social morality, professional ethics and family ethics to discuss how the choice of the specific moral issues. Finally, the author believe that moral legislation and legal migration are two aspects to achieve legislation of moral in the current. And, discussing the process of legislation of moral should pay attention to the problem.