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Research On The Moral Basis Of Law-abiding

Posted on:2020-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ChenFull Text:PDF
GTID:2416330575955895Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Law-abiding is the basic policy and important link for comprehensively promoting the rule of law.Law-abiding is the most basic form of law,and citizens are the most basic law-abiding subjects.Therefore,mobilizing citizens’ law-abiding consciousness is the most basic way to realize the rule of law in an all-round way.In the logic of "why do citizens abide by the law",citizens are often in the position of being required and educated,which does not conform to the logic of people’s sovereignty,that is,people’s ownership,and can not touch the foundation of citizens’ abiding by the law.By studying the question of "why should citizens abide by the law",it is helpful to mobilize citizens to abide by the law consciously,thus fundamentally improving thelevel of law-abiding morality construction in China.This paper holds that the reason why citizens should abide by the law comes from morality,so this is the core of the research.Firstly,the paper demonstrates that morality is the basis of law-abiding.This paper intercepts three important historical periods in the West,and analyses the relationship between citizens’ moral concepts and law-abiding principles under these background.Both of them are based on social background,which is the historical basis.Then it analyses the specific relationship between law-abiding and morality,that is,there aresimilarities invalueand form,which is the theoretical basis.Secondly,from the three perspectives of politics,economy and value,the paper summarizes the moral connotations of law-abiding under these perspectives,and refines the commonness of these connotations.These commonalities are thecriteria for judging whether a lawis good or not.Thirdly,in view of the law which is divorced from the moral basis,citizens should also have the moral right to violate these evil laws,that is,citizens do not obey the theory.On the basis of studying the basic connotation of citizen disobedience,the moral logic of this theory is analyzed,and the practical significanceof this theory toour country is put forward on the basis ofthe research.Finally,it explores the practical path of the construction of citizens’ law-abiding morality in China.In view of the specific problems existing in China,this paper give suggestions on Legalization of morality and moralization of law at the legal level,and two suggestions on strengthening citizens’ education of rule oflaw andestablishing incentive mechanism for abiding by the lawat thecitizen level.
Keywords/Search Tags:law-abiding and morality, law-abiding consciousness, law-abiding reasons, build the moral basis of law
PDF Full Text Request
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