论法律与道德关系的具体应用

Analysis the Specific Application of The Relationship between Law and Morality

法律与道德在立法、司法与守法中的关系是错综复杂的。法律与道德的关系问题,指的就是法律规范与道德规范这两种不同性质的社会规范之间的关系问题。道德之所长,往往是法律之所短;而道德之所短,往往恰是法律之所长。国家法律的严明与松弛直接制约着社会道德水平的提高与下降。而道德是法律制定的价值导引,是立法的来源之一。两者在立法、司法、守法方面相互制约、相互影响的关系,是法律与道德关系在具体应用过程中的重要体现。

The relationship which in Laws and ethics of the legislative, judicial and lawabiding is very complicated. The relationship between law and morality, refers to the legal norms and ethics of these two different nature of the relationship between social norms problem. Moral of the director, and is often short by the law; The moral of the short, and often is the director of the law. The strict state laws restricting direct and relaxation rise in the level of social and moral decline. Moral law is enacted and the value of guidance, is one of the sources of legislation. Taken in legislative, judicial, law - abiding respect restraint, and the mutual influence between the legal and moral relations in the specific application of an important embodiment of the process.