Research On The Issue Of Moral Legislation Standards

The Fourth Plenary Session of the 18 th CPC Central Committee made the decision of "promoting the rule of law in an all-round way" and established an important principle of "combining the rule of law and the rule of virtue".Moral legislation is an important way to achieve the combination of the rule of law and the rule of virtue.Under the background of the combination of the rule of law and the rule of virtue,moral legislation is imperative.The newly revised constitution stipulates that the state advocates socialist core values.This provision provides the most authoritative legal basis for ethical legislation.In May 2018,the Central Committee of the Communist Party of China issued the "Political Integration of Socialist Core Values into the Construction of the Rule of Law' Legislative and Revision Planning",emphasizing the need to focus on legislative leadership,raising the relevant requirements of socialist core values to specific legal provisions,and further specifying the direction of moral legislation in China.At the same time,how to carry out ethical legislation and what standards should be followed by ethical legislation is a problem that needs to be further refined.It is necessary to conduct in-depth research.The main content of this paper is divided into three chapters,that is “theoretical interpretation of moral legalization”,“the current situation and problems of moral legalization practice in China” and “the limits and standards of moral legalization”.First of all,the theoretical interpretation of moral entry is carried out from three levels: theoretical basis,historical accumulation and realistic basis.It theoretically explains the feasibility and necessity of moral legislation,and shows the basic appearance of moral legislation.Then,taking the typical cases in the practice of moral legislation in China as the starting point,and analyzing the current situation and problems of the practice of moral legislation in China,and laying the foundation for the next study of moral legislation standards.The question of the standard of moral legislation cannot be separated from the boundary between law and moral.The boundary between law and moral is the natural boundary of moral legislation.In addition to that,there are also four standards for ethical legislation:Legislation of different types of moral corresponds to different legal consequences;Moral legislation reflects the spirit and principles of the Constitution;Moral legislation takes into account multiple moraldemands and ensure the operability after moral legislation.Specifically,referencing to Fuller's moral classification theory and combing with China's own moral legislation practice,"lower level morality" can be covered by "obligational moral",and its safeguard measures should be based on punishment."Higher level moral" is closer to "moral of desire",and its safeguard measures should be based on encouragement;Following the spirit of the Constitution requires legislators to consider the consequence of moral legislation from the perspective of rights equality.It is not right to sacrifice the legal rights of another group of people in order to protect some people;the entry of socialist core values into the law is an inevitable requirement,but under this premise,we must also pay attention to the protection of multiple moral demands;Since moral is a kind of flexible constraint,there is no specific supervisory body,and after moral legislation,it is necessary to adopt measures such as establishing a supervisory law enforcement body to ensure its legal effectiveness and operability.