CAJ | 학술논문

道德和法律作为社会控制的两种手段,它们相互之间究竟何者居于主导地位,取决于二者与现实联系的紧密程度,而正是当代中国社会的现实发展状况和中国社会伦理道德领域本身所呈现出的混乱状态,决定了中国的法律与道德之间的这种引导与被引导、型塑与被型塑的关系。“以法律化道德”就是要以现代法治的基本精神来引导和重塑转型时期当代中国伦理道德。
도덕화법률작위사회공제적량충수단,타문상호지간구경하자거우주도지위,취결우이자여현실련계적긴밀정도,이정시당대중국사회적현실발전상황화중국사회윤리도덕영역본신소정현출적혼란상태,결정료중국적법률여도덕지간적저충인도여피인도、형소여피형소적관계。“이법률화도덕”취시요이현대법치적기본정신래인도화중소전형시기당대중국윤리도덕。
As the two kinds of means to manage the society, law or morals was put in the guiding position depends on how close their relationship with reality. However, the situation of contemporary China＇s social development and the confused state of the ethics and morals determine the relationship between the law and moral of which is leading and being guided and shaping and being shaped. The opinion of legalizing the morals is to lead and remold the ethics and morals on the base of the modern legislation in the transformation period of modern China which is further put forward in the paper. This opinion is also discussed in several ways, i.e. the basic theory and the realism and possibility. An inquiring and analysis is also made to the practical methods and potential difficulties.