The Coordination Of The Relationship Between Law And Morality

Today,with the gradual development and perfection of the socialist rule of law construction,the problems of judicial practice concerning the tension between law and morality emerge in an endless stream.In general,if it violates core socialist values,it certainly violates contemporary mainstream moral concepts.In regard to coordinate the relationship between law and morality,currently the judicial application of not comprehensive,targeted to proceed from the real level and normative discussion,based on the socialist core values of related case study analysis and the interpretation in the judicial referee reasons things out the specific specification of application,in order to solve the tension between law and morality justice balance issue.Beyond that the introduction,this thesis has three parts:The first part mainly introduces the imbalance between law and morality in Chinese language environment.This part further explores the initial nature of the relationship between law and morality from the performance of the imbalance between socialist law and morality and the function of socialist core values in coordinating the imbalance between law and morality.Further focus on the socialist core values play to optimize the role of traditional moral values and by learning the work report of the Supreme Court to play a role in coordinating the tension between law and morality,in order to reflect the judicial practice of socialist core values is of rich meaning for the coordination of legal and moral relations.The second part mainly introduces the actuality and limitations of judicial application of socialist core values in neutralizing the way of connection between law and morality.From the socialist core values in the judicial judgment of the use of data overview of the socialist core values in the judicial application.Further deepgoing through the application of various levels of socialist core values of the judicial case type analysis,Evasion the issues in the future judicial practice what applying core values to coordinate the relationship between law and moral.The third part mainly introduces the ways to strengthen the judicial application of socialist core values to neutralize the connection between law and moral tension.From the confirmation of the application of core values interpretation of the tenet,expand the application of core values interpretation of the scope of the case,the comprehensive application of core values interpretation of reasoning method,improve the judge ’s application of core values interpretation of the enthusiasm of these four aspects to solve the tension between law and morality,and offer value inspiration for the application of socialist core values in the judiciary...