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On The Conflict Between Law And Morality

Posted on:2019-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:X Q GuoFull Text:PDF
GTID:2436330572453735Subject:Law
Abstract/Summary:PDF Full Text Request
The conflict between morality and law is closely related to social life.As two important adjustment mechanisms to regulate people's behavior,morality and law are not only interrelated but also complementary and indivisible.The two ultimately want to achieve the effect of harmony,promote good things,and abandon bad things.The nature of the two is the same,but there is also a conflict between the two.In recent years,the conflict between law and morality has more and more existed in people's daily life.We seem to be acting legally and reasonably,but we violate morality.Some reasonable acts have violated the law.The specific forms include: First,Morality is against the law.Such as: "often go home to see" into the law,asking children to visit the elderly;For example,the law includes "husband and wife should be faithful to each other" and appears as a principled clause in the legal provisions;Second,the law is not ethical.Such as Guangzhou Xutingan,Nanjing Pengyuan.The reasons for the conflict between morality and law include: 1.The limitations of the law itself;Due to the limitations of the law,the law will have some unfair results in handling some cases.Therefore,judges should use the law in the process of discretion in the case trial,and should also consider moral factors to make judgments and achieve fairness and fairness in the outcome of the case.The value orientation of the two is different.The former(morality)evaluates the behavior of people is good or bad,while the latter(law)evaluates the behavior of people is legal.The good and bad thoughts are taken from a person's evaluation of his thoughts.They are controlled by factors such as differences between people and different status,and there is no unified standard.The law must appear in a fixed form.There is a unified evaluation standard.The law stipulates what is what and can not be changed.All people must abide by it.3,citizens are weak.For citizens,when they can not be deeply harmed by their own interests,the law can not be used to regulate society if it is not applied as nothing.In the course of handling disputes,citizens will win cases or allocate more property by seeking relationships,taking personal favors,giving gifts to judges,etc..This practice has seriously affected the credibility and authority of our judicial system.The impact on the judicial environmenthas been immeasurable.The reasons for the above-mentioned conflicts between morality and law are precisely the values of the conflicts between morality and law.Through the above reasons,relevant solutions are found,and methods such as improving laws and regulations,improving the professional level of judges 'trials,and strengthening citizens' legal awareness are adopted.Effectively resolve the conflict between morality and law,and promote moral and legal interconnections and mutual cooperation so as to achieve a harmonious society.
Keywords/Search Tags:Law, Morality, conflict, proposal
PDF Full Text Request
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