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法律与道德的关系是现代法律始终面临的争论和问题,依法治国和以德治国是建设社会主义法治国家必须面对的问题。在推进依法治国的进程中,如何处理好“依法治国”和“以德治国”的关系至关重要。本文从中国古代“德治”与“法制”的关系入手,借鉴西方国家道德立法的状况,阐述了依法治国与以德治国的关系,提出了二者相辅相成、二者并重,共同约束个体的行为的观点。
The relationship between law and morality is a controversy and problem that modern law always faces. Ruling the country by law and governing the country by virtue are the problems that must be faced by the building of a socialist country ruled by law. In the process of governing the country according to law, it is of vital importance to how to handle the relationship between “governing the country according to law” and “governing the country with morals”. This article starts from the relationship between “rule by virtue” and “rule of law” in ancient China, draws lessons from the situation of moral legislation in western countries, elaborates the relationship between ruling the country by law and rule by virtue, and puts forward that the two are mutually reinforcing, Limits the individual’s behavior.