Role Of Moral Construction In Our Domestic Legal Construstion

This paper takes the relationship between the morality and rule of law as its beginning. Through the study on the relationship, it carries out further exploration on the role of the moral construction in the legal construction. No matter from the perspective of the development of the society with the rule of law or the relationship between the morality and the rule of law, the construction of the society with the rule of law cannot be separated from the moral construction. However, in the progress of our domestic legal construction, the moral issues have become more and more outstanding. The shortcomings in the moral construction have raised challenge to our legal construction.During our domestic legal construction, the problems in the moral construction are mainly reflected as follows. With regard to the legislation, during the improvement of our domestic legal system, some moral rules become legal norm, but the corresponding legislation lacks enforceability and necessity. With regard to the law enforcement, some of our domestic law enforcement officers have weak morality and lack professional ethics construction. With regard to the judicature, the generalization of the judicial morality is quite prominent. The law enforcement officers do not have high law loyalty. The judicial morality is seriously weakened. With regard to the law abiding, the citizens lack the right consciousness; the government has weak consciousness of abiding by the law; the legal profession lacks development;the moral indifference is serious in the society. However, aiming at these problems, and starting from the actual situation of our legal construction, the author seeks for the solutions that are proper for our domestic actual moral construction from the legislation, law enforcement, judicature, law abiding, and supervision.