Legislative Research For The Promotion Of Local Civilized Behavior

In recent years,in order to respond to the call of the Party Central Committee,meet the needs of urban governance,and promote social civilization,various places have successively introduced the "Regulations on the Promotion of Civilized Behavior" as special regulations for local civilized behavior.Legislation through positive encouragement and negative prohibition establishes a rule of social civilization,provides a legal basis for the management and control of uncivilized behavior,and provides a guarantee of rule of law for the deepening of the creation of civilized cities and the promotion of spiritual civilization in the new situation.However,China’s legislation for promoting civilized behaviors is still in the exploratory stage.Legislation has begun to take shape but is fragmented.Legislative technology is still immature.There are problems such as the generalization of the scope of legislative adjustment and the lack of operability of legal liability settings.In this context,sort out the 72 samples of local civilized behavior promotion legislation that have been introduced.From the aspects of legislative background,legislative name,legislative purpose,legislative style and content,understanding the general situation of civilized behavior promotion legislation is the starting point of local civilized behavior promotion legislation research.As the latest practice of the law to adjust social morality,the discussion behind the promotion of local civilized behavior legislation involves the relationship between law and social morality.The traditional model of moral self-discipline in the construction of social morality,due to its weak sanctions and functional limitations,makes moral self-discipline insufficient to curb the occurrence of uncivilized behavior.At this time,it is necessary for the law to adjust social morality.However,the law is not omnipotent.There are cognitive misunderstandings in trying to regulate all aspects of social morality through legislation.The relationship between law and morality cannot be generalized as a one-dimensional "promotion" relationship.Social morality is hierarchical.Therefore,the adjustment of social moral behavior by law should also be hierarchical,the value objective and functional positioning of legislation are dual.On the one hand,the lowest starting point for morality in social communication is the basic norms of civilized behavior that citizens should follow in social communication.Legislation should adopt mandatory norms and correspond to legal responsibilities;On the other hand,for higher-level social ethical behavior,legislation should adopt an "encouraging" attitude and guarantee and promote it through an incentive mechanism.In summary,the theoretical logic that constitutes civilized behavior into law.Different types of civilized behavior correspond to different legal regulations.However,the lack of logical demonstration of civilized behavior into law and the inadequacy of legislative techniques make the legislative samples have a wide range of legislative adjustments,inadequate legislative norms,legislative oaths,and lack of operability.Based on this,it is necessary to systematically sort out and compare and analyze the promotion of legislation of civilized behaviors in various places,use theory to review the sample of legislation and the problems in law enforcement practice,and propose a perfect path for legislation,in order to respond to the dilemmas and disputes in practice,it can provide experience for subsequent legislation and lay the foundation for deepening the understanding of the relationship between law and morality.