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Research On The Legalization Of Morality

Posted on:2020-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:L PanFull Text:PDF
GTID:2436330599457346Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the early stage of the establishment and development of China's market economic system,the cause of socialist modernization has made remarkable achievements,making people's lives have undergone tremendous changes.Due to the universal applicability and relative stability of legal norms,the law has rigid and lagging limitations,resulting in new social contradictions.As a regulator of social relations,morality can play a very unique flexible role in the process of building a harmonious society.In ancient China,Chinese traditional culture,with Confucianism as its core,attached great importance to the "law" while also paying special attention to the moral education significance,such as emphasizing "punishment is the main virtue,supplementary virtue" and "Simultaneous punishment of morality and punishment",advocating the comprehensive use of a variety of social control means,which has important guiding significance for today's legal system construction.The legalization of morality is to integrate some moral concepts with laws and regulations according to the legal standards,and to make it more comprehensive to regulate people's standards of conduct with the mode of law.Morality and law complement each other indivisibly is the precondition of legalizing morality.The implementation of law depends on morality,and morality also depends on legal protection.They are interlinked.Transforming moral responsibility into legal responsibility is an important process in the legalization of morality,but it also has relative restrictions.There should be a "degree" in the legalization of morality.We can not rely entirely on the legalization of morality.Therefore,this paper mainly takes the topic of "legalization of morality" as a breakthrough point,and wants to promote the mutual promotion and complementarity of our laws,regulations and moral norms,so as to study the issue of legalization of morality,so as to dialectically prove its feasibility in the process of socialist construction.The article is divided into the following four parts:The first part is the introduction part,which mainly elaborates the background and significance of this study and the current research situation at home and abroad.The second part is the theoretical basis of moral legalization,demonstrates the basic theory of moral legalization,and understands the dialectical relationship,concept,definition,function,significance and basic content of moral legalization.Discusses the theoretical value and practical significance of moral legalization,refers to the current legal system and the strategic policy of governing the country by law and by virtue,and refines its theoretical and practicalvalue in the light of the reality of life.Introducing the identity of moral and legal values,the complementarity of moral and legal,and the legalization of moral are the inherent needs of socialist rule of law.The third part is about the limitation of moral legalization and the ways to realize it.It discusses the reasons for the limitation of moral legalization,the "degree" of moral legalization and the ways to realize moral legalization.The fourth part is the principles that should be followed in the legalization of morality.It analyses the necessity and possibility of legalization of morality,and the essential theoretical basis and realistic conditions of legalization of morality.Put forward concrete suggestions to realize the legalization of socialist morality,and rethink its system construction in three aspects: family ethics and morality,industry legislation and professional ethics norms,and social life field,so as to analyze the far-reaching impact of the implementation of legalization of morality in an all-round way.
Keywords/Search Tags:morality, law, legalization of morality, limits, ways of realization
PDF Full Text Request
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