To Analyse The Conflict And The Adjust Between Law And Morality In The Transitional Society Of China

With the roaring development of Chinese economy, a set of the specification and thevalue system of structure which is suitable for market economy system is needed urgently inthe social transformation period, The Law and the Morals as two different dimensions ofhuman society standards, and are the two subsystems of the social control system, both ofthem have an important role to correct the behavior of people in the market economyconditionCaused by the development of socialist market economy is the diversification of people’svalue, which makes the traditional law and morality has been unable to synchronize with thedevelopment of society, the phenomenon of the legal and moral conflict are common.. So thetwo phenomena in the society: First, any act in line with legal requirements, but its loss ofmoral judgment; the other one is that a certain behavior is a noble moral, but illegal andpunishable by law. The former such as " Neglecting anyone in dangerous ","controls thecorpse to extort money "; the latter as "the one to kill their loved ones for justice and morality",“punish the thief with the lynching” and so on. The debate on the "Legal" and " Morality ",in fact, reflect the two different social norms inherent contradictions and conflicts, and alsothe different legal and moral value orientation due to the differences.To analysis of these conflicts through the complex legal and moral conflict phenomenaand behaviors, theoretically informed which lead to the two conflict are morality and law, thetwo acts inconsistent evaluation criteria; Ethics and the Law have different value goal; Thehierarchy of traditional morality and the equality of the modern rule of law requires aredifferent; The hierarchy of traditional morality and the equality of the modern rule of lawrequires are different; Traditional moral evolution and development of modern law are notsynchronized.Since the legal and moral conflict both mutually reinforcing the consistency, there are allkinds of conflicts, we must seek an effective way to solve the problem in the socialtransformation period, correctly handle relations between them. In this article the authorthinks that there are three strategic steps to resolve the conflict of law and morality, and tocoordinate the relationship between them: Firstly, Adhere to the principle of supremacy of law;Secondly, Law to absorb the mainstream of society moral in a time, update their own moralconnotation; Thirdly, to sure the moral supplement and reinforcement for the law. The specificways including: take laws into morality, to make some legal return to morality, make themorality as a belief for people; Morality into law, from the awareness aspect and institutionalaspect, make the spirit of morality gradually penetrate and be incorporated into a modern legalculture, to reflect the morality of the law; Integration of legal and moral resources, andpromote the development of society in transition jointly, to get the effects of society andjudiciary. In order to make the law and morality do penetrate each other, complement eachother, promote each other and complement each other, and take on the task of maintainingsocial harmony and development jointly.