公德是公权的道德义务

Social Morality Is the Moral Obligation of the Public Rights

伦理学或道德哲学对于公德的概括对我们理解和认识公德无疑具有积极意义,但在民主法治时代不够全面。公德所涉及的行为规范并不单纯是一种内在的感受或如康德所述是一种道德律的问题。在民主法治时代,公德的许多内容离开法学就无法解释清楚。这是为什么,迄今为止伦理学或道德哲学界始终没有一个较具公信力之公德概念的原因。而伦理学界现有的公德理解不仅在实践中多有矛盾,互相混淆,而且在公德的内容上也过于狭窄,主要是一种社会人际道德,明显缺少了国家公职人员的道德。即使对于公民的道德,也私德和公德不分,未有效地突出公民的社会道德和政治道德,即公民对社会对国家的责任。从权利和义务来透视,公德是公权的道德。公权的存在有三种基本形式,相应地有三种形态的公德:国家权力的道德、社会权力的道德及公民政治权力的道德。

Undoubtedly, the public morality summarized by ethnics or moral philosophy has positive meaning for us to understand and cognize social morality itself, but it isn＇t comprehensive in the era of democracy and law. The code of conduct related to public morality is not only an inner feeling or an issue of moral law stated by Kant. In the era of democracy and law, many contents of public morality can＇t be explained exactly without the science of law. That＇s why both ethnics and moral philosophy haven＇t brought out a more credible concept to explain public morality yet. Moreover, current comprehension in ethnics is not only having many contradictions in practice, confusing each other, but also obviously narrow and limited in the content of public morality, whose problem is main at a social interpersonal morality, evidently lacking morality concept relevant to public sector personnel. Even for the citizens＇ morality, the social morality and personal morality are also mistaken. It failed to highlight the citizen＇s social morality and political morality which also mean citizen＇s duty to society and to country. Observed based on rights and duties, public morality is a morality of public rights. Existence of public rights has three forms which correspond to three forms of public morality： force of state＇s morality, social rights＇ morality and morality of citizen＇s political rights.