法律运行道德追问的两重向度

The Two Dimensions of the Moral Examining on the Law Application

将法律运行的道德追问规定为两重向度 ,既有其学理的依据 ,又是历史给予的启示和破解现实难题的需要。对立法的道德追问不仅要考察法之形式正义和实质正义 ,而且要审视法与社会主导道德以及与广大民众心理和情感相契合的状况。对司法的道德追问则不仅要关注司法是否公正以及司法工作者是否具有良好的职业道德素质 ,而且应特别关注当下我国社会全面转型时期司法之“应然”。

The moral evaluation of the law systems is the value premise of the law goal achievement. The two dimensions of moral examination are acceptable and reasonable in the field of theoretical reasons, historical inspiration and present problem solutions. In the legislation stage, we need not only analyze the reasonableness of form and essentiality justice, but also make a psychological and emotional research on the measure of people's coherence with the main social moralities. In the moral judgment of judicature, we should focus on both the judicial justice and people's vocational qualities. Especially when we are in the strategy for society in transition, to pay a good deal of attention to what is the 'ought to' in judicature is required. Only in this way of moral examination from different perspectives, can we logically set up the good rules of law and the perfect judicature virtues, and obviously can we practically lead the improvement of legal system to the goal of moral value. Therefore it's certain that the expectation of building a country under the rule of law will come true in the days to come.