封建伦理法律化与法律伦理化及其借鉴意义

Feudal Legalized Ethics and Moralized Law and Their Significance

封建伦理法律化体现为以伦理支配法、以伦理为法、引伦理入法;而法律伦理化则表现为法礼并举、德主刑辅、春秋决狱、同罪异罚。今天,我们有必要以封建法律的合理性为鉴,在实践中以民本思想作指南,加强德治法治相结合,力求以法促德求和谐,强化法制教育与道德教育的互补功能。

In the feudal society, legalized ethics embodies that law is subject to ethics, ethics is taken as law and introduced into law; moralized law stresses on the balance between law and ethics, morality going first before penalty, remitting a punishment in spring and autumn, exerting different punishment on similar crimes. Today, it is necessary for us to do in the light of the reasonability of feudal law, guided by the thought of putting the people first in practice, strengthen the union of law and morality to strive for to be harmony.