当代法治所应背负的伦理使命

Contemporary Ethical Mission of the Rule of Law

在法与道德的关系问题上,我们理论上习惯于强调法之道德基础性,而常常忽视了法治所应背负的伦理使命。我们当下所进行的全面法治构建,应该是德治与法治相结合基础上的理想法治,德治与法治应该是相互促进的,德治应为法治提供伦理根基,同时德治也需要法治的有效支撑。当代中国法治应该背负起的伦理使命,主要体现在:弘扬核心价值理念;塑造良好公民与文明社会;铸造良好政府。法治所背负的伦理使命是三位一体的,弘扬理念、塑造良好公民、构建文明政府三者统一于法治理想国的构筑实践之中。因而任何忽视和背离法治之伦理使命的法治,都不是真正意义上的全面法治。

On the relationship between law and morality, we are accustomed to emphasize the moral foundation of law, and often ignore the ethical mission that the rule of law should bear. At present the comprehensive construction of rule of law should be a combination of rule of virtue and rule of law on the basis of the ideal of the rule of law, in which rule of virtue and rule of law should promote each other, rule of virtue should provide ethical foundation for the rule of law, and morality also requires the rule of law. The rule of law should bear contemporary ethical mission, mainly in the following aspects： promoting the core values, creating a good citizen and civil society and casting good government. The ethical mission carried by the rule of law is the Trinity, including carrying forward the concept, shaping good citizens, building a civilized government. All of these three aspects should be put in the construction of the ideal of the rule of law. Therefore, the rule of law, which neglects and departs from the ethical mission of rule of law, is not a comprehensive rule of law in the true sense.