“法治”作为当今世界各国公认的一种最佳治国方式,在法律与道德两者的关系问题上,并非如同“车之两轮、鸟之双翼”的平行关系,而是一个相互渗透、相互融合的统一体。实现“法治”实际上也就达到人们所向往的“德治”。 所谓“法治”,即一个社会以法律进行的统治,法律在社会生活中居于最高地位,是人们行为的最高准则。它有一个至关重要的前提要求,就是“法律必须具有一定的道德性”。 一、“法律必须具有一定的道德性”,是古今众多法治思想家们的一个共同认识 最早主张法治的古希腊著名思想家亚里士多德曾经典性地指出:法治有两个最基本的要求或原则: As the best way to govern the country recognized by various countries in the world today, the “rule of law” is not a parallel relationship between “the two wheels of a car and the two wings of a bird” but the mutual relationship between law and morality. Integration of unity. To achieve “the rule of law” has actually reached the “rule of virtue” that people aspire to. The so-called “rule of law”, that is, the rule of a society by law, is the supreme standard of behavior of people in the highest status of social life. It has a crucial prerequisite that “law must have a certain moral character.” First, “the law must have a certain morality” is a common understanding of many ancient and modern rule of law thinkings. The ancient Greek famous thinker Aristotle once pointed out that the rule of law has two basic requirements or in principle: