On The Legislative Practice And Optimization Path Of Moral Legalization In China

Morality and law are two important means to adjust social relations.They are both different and closely related.The relationship between them is one of the important issues in the field of jurisprudence.As the socialist market economy enters a new stage of development,"good law and good governance" has become the basic standard and goal of modern rule of law.This requires that the widely recognized and highly operational moral norms be raised to legal norms,that is,legalization of morality.This is an important way to practice the strategy of "governing the country by law" and "governing the country by virtue" in China.Starting from the legal basis of moral legalization,this paper analyzes the relationship and differences between morality and law,and concludes that the contemporary value of moral legalization is conducive to the realization of the goal of good law and good governance,to the inheritance of Chinese excellent traditional culture,and to the promotion of social civilization.On this basis,we examine the legislative practice of moral legalization in China,and find that there are three deficiencies: insufficient legal reserves,lagging moral legalization in key and emerging areas,and legislation beyond the limit.In view of the shortcomings,the optimization path of moral legalization is proposed,including: planting the legal theory of moral legalization,speeding up the process of moral legalization in key and emerging fields,and abiding by the limits of moral legalization.