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道德与法律之间的关系问题,是古今中外许多思想家、法学家颇感兴趣的问题。本文将在两个层面上来探讨德与法之间的关系,一个层面是道德教育与法制建设的关系,这是一个治国方式的问题;另一个层面是道德原则与法律规范的关系,这是一个道德法律化的问题。在中国法律思想史上,儒家是用“德主刑辅”一语来表述其在德法关系问题上的主张的。这里的“刑”是指刑法而言,古代中国的
The issue of the relationship between morality and law is a topic of considerable interest to many thinkers and legal scholars at all times and in all countries. This article will explore the relationship between morality and law at two levels. One is the relationship between moral education and legal system construction, which is a question of governing the state. The other is the relationship between moral principles and legal norms. This is a The issue of moral law. In the history of Chinese legal thought, Confucianism used the phrase “the principle of excuse and punishment” to express its claim on the relationship between Germany and France. Here “criminal” refers to the criminal law, ancient China