行政道德法律化的限度思辨

A Speculative Analysis on the Limit of Administrative Moral Legalization

文章从德与法的辩证关系切入,对行政道德法律化的限度进行思辨,需考察其下限与上限两个维度。行政道德法律化的下限存于抑恶扬善、提高强制性,凸显从行政道德转为行政法律的必要性;行政道德法律化的上限存于德与法的辩证联系,须考察法律之缺陷、道德之特性,强调社会的多样性。德法共治才是我国合理的治国方略。

In this article,the limit of the administrative moral legalization is speculatively aralyzed on the bases of the dialectical relationship between morality and law,and from its upper and lower limit.It concludes that the lower limit exists in suppressing the evil and commending the good,and improving coercion,which highlights the necessity of the convert from the administrative morality into administrative law,while its top limit exists in the dialectical relationship between morality and law,and is embedded in the defects of law,as well as the characteristics of moral,which highlights the social diversity.In a word,the sensible way of governance for China is administration with the integration of moral and law.