法治和德治关系断想

On the Relation between the Rule by Law and the Rule by Morals

人治、法治、德治有社会治理形态和国家治理手段两种意义。作为社会治理形态 ,它们与人的发展形态相适应 ;作为国家治理手段 ,法治和德治可以兼通结合于人治和法治社会形态。我国封建社会建立了“德主刑辅”的治理模式 ,在社会主义市场经济条件下 ,我国应建设成“法主德辅”

There are two different meanings in these words: as the rule formations of society, rule of man, rule of law, rule of moral, be suited to the formation of human development; as the rule methods of state, rule by law and rule by morals, can be combined and held the rule formation of man or the rule formation of law. Chinese feudal society had built the model of 'the criminal law subordinate to the principal in moral'. Under the present condition of market economy the rule formation of law will be built , in which 'the morals subordinate to the principal in laws'.