德主刑辅、先礼后刑等是古人对法律与道德关系的见解,此观点有失偏颇。所谓法律与道德的关系,指的是法律与道德这两种规范之间的关系,而不是作为手段或策略的道德教化手段与法律惩罚手段之间的关系。这两种规范在其产生过程中如何相互影响?其在使用过程中又如何相互影响?两者冲突时应如何取舍?这是法律和道德关系问题应该回答的。 The principle of supporting punishment after excuse memorialism, the first punishment after courtesy and so on are the ancients’ opinions on the relationship between law and morality. This point of view is biased. The so-called relationship between law and morality refers to the relationship between the two norms of law and morality, not the means of moral enlightenment as a means or tactics and the legal punishments. How do these two kinds of norms influence each other during their production process and how do they influence each other during their use? How to choose between the two? This is the question of the relationship between law and morality that should be answered.