道德视域中的法律运行

On the Law Operation Under the Examination of Morality

法律运行作为法之创制、展开和实现的逻辑进程,离不开社会伦理道德的审视和导向,必须符合一定的道德之应然。这种合道德性的法律运行主要表现为:在立法环节,法不仅要符合形式正义和实质正义,而且要追求与社会主导道德以及与广大民众心理和情感的契合;在司法活动中,不仅要求司法工作者追求司法公正和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”;在守法环节,广大公民不仅应关注行为的合法性和履行法律义务,而且还应追求自觉的守法境界和积极主张自身的法定权利。

During the formulation, development and realization of law, the law operation cannot be separated from examination and guidance from social ethics. The law operation should accord with certain moral criterion, which manifests in the following processes： during legislative process, the law should not only accord with the formal justice and substantive justice, but also tally with the dominant social morality and the mentality and feelirgs of the general public; during the judicial procedure, judicial staff should pursue the justice and be equipped with good professional ethics and pay close attention to the requirements of judicature under the current transitional condition of China; during the law-abiding process, the general public should not only act lawfully and fulfill law obligations, but also should keep the law conscientiously and stand for actively their own lawful rights.