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On Morality Of Law In China

Posted on:2018-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2336330518456359Subject:Law
Abstract/Summary:PDF Full Text Request
There is a close relationship between law and morality.Especially in our country to promote the rule of law and the construction of socialist moral system,we can't do without the study of law and morality.Fuller's theory of legal morality,proposed the distinction between internal and external morality of law,breaking through the way of independent study of law and morality,and combining them.Based on this theory,this paper tries to study the morality of Chinese law.This paper is divided into four parts besides preface and conclusion.The first part is the morality theory of law.At the beginning,starting from the general theory of law and morality,we talk about the general meaning and relationship of law and morality.Therefore,we will talk about Fuller's theory of legal morality.In the second part,taking Fuller's theory as reference,this paper discusses the embodiment of our country's legal morality,starting from the initial establishment of the external morality of our country's law to the gradual improvement of the internal morality of our country.The third part is mainly to explore the lack of legal morality in Chinese law,and analyzes the causes of the lack of legal morality in Chinese law.The last part,based on the analysis of the causes in the third part,put forward the way to perfect our legal morality.It includes two aspects:the way to enhance the external morality of our country's law and to strengthen the way of realizing the inner morality of our country's law.Essentially,Fuller's theory is a discussion of the relationship between law and morality.And he adheres to the traditional natural law in the law and morality inseparable view.But Fuller has his own innovation.He refined the legal and moral theory of natural law,and put forward the standards of internal and external morality of law.In this paper,the study of morality of law in China is based on Fuller's theory.At the same time,we will make a useful exploration on the legal system of our country.It is of great significance to the perfection of the legislation,judicial system and the construction of the rule of law in our country.
Keywords/Search Tags:Fuller, law, morality, morality of law
PDF Full Text Request
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