| In the middle of the last century,the American jurist Fuller paid more attention to the pursuit of the moral value of law on the basis of inheriting the traditional natural law,and innovatively proposed the inherent moral theory of law.Fuller called it “Procedural Natural Law”.This theory not only has a profound impact on the Western legal science community,but also has important theoretical guiding significance for the construction of the rule of law in China today.This topic is based on the research results of the predecessors,focusing on exploring and analyzing the basic connotation and legal value of Fuller’s inner morality.In terms of specific research methods,the methods of comparative analysis,literature research and the combination of theory and practice are adopted.Based on the interpretation of Fuller’s The Morality of Law and the analysis of relevant theoretical literature,the nature of internal moral can be understood;meanwhile,the position of Fuller’s internal moral of law is determined according to his definition of the concept of law.By summing up the value and limitation of internal moral view,Fuller’s points of view are combined with the specific requirements of China’s urgent demands for the rule of law and the reality,thus the application and development of Fuller’s theory in China are demonstrated.This article is divided into five parts.The first part gives a brief overview of the research purpose and significance of this article.At the same time,it introduces the specific situation of domestic and foreign research status laws.The second part focuses on sorting out and summarizing Fuller’s natural law thought,which lays a solid theoretical foundation for subsequent research.The third part mainly introduces the rich connotation of Fuller’s internal morality.The morality theory of Fuller’s law essentially follows the view of "there is an inevitable connection between law and morality" in traditional natural law,and integrates itself.The views of the subject were explained and explained in more depth;at the same time,the natural law thought proposed by Fuller clearly distinguished the morality of desire from the morality of duty,and explained the similarities and differences between them;in addition,it also focused on the analysis and discussion of the law Eight basic principles of inner morality,and analyze its basic nature.The fourth part reviews and analyzes the inner moral outlook put forward by Fuller,and expounds the value and limitations contained in it.The fifth part is the innovation of this article.Fuller’s procedural natural law is an "exoticproduct".For now,it is still in the exploration stage in our country,but the procedural value principle contained in its thoughts promotes the modernization of our country.The procedural construction of the rule of law system plays a very important role.Therefore,this chapter combines the value and limitations of Fuller’s internal morality,and according to China’s own actual situation,explores the development path of internal morality in China,so that the procedural value of internal morality can be maximized in the construction of the rule of law in China.The application of the degree will continue to strengthen the emphasis on procedures,thereby promoting the widespread development of procedural justice in China. |
