“一体多元”理论诠释依法治国与以德治国相结合

On the Combination of Rule by Law with Rule by Morality from the Perspective of Integrated Diversity

依法治国的基本要求是用制度管住权力,用法律捍卫权利,司法是正义的最后防线,法律权威高于其他权威。以德治国是治国理政的方式或手段之一。依法治国与以德治国是相互融合、相互补充、相辅相成的。一方面,依法治国需要道德建设先行,依法治国的运行需要道德支撑,法治的完善离不开道德的补充。另一方面,法治对德治具有规范和促进作用,道德建设法制化是德治焕发生命力的必然要求。依法治国与以德治国可以相互结合,但以德治国与依法治国不能相提并论。如过分强调以德治国必然影响依法治国的主体地位,"一体多元"结构的法治秩序应当坚持依法治国与道德建设相结合。

The basic requirement of rule by law is to control power with system, to safeguard rights with law. Judicial administration is the last defense of justice, and the authority of law is higher than any other authorities. Rule by morality is also one of the means to govern the country. Rule by law and rule by morality are correlated and complementary to each other. On the one hand, rule by law needs to be preceded by moral construction, which will support the implementation and perfection of the former. On the other hand, rule by law can regulate and promote rule by morality; the legalization of moral construction is the inevitable requirement for the vitality of rule by morality. Rule by law and rule by morality can be combined with each other, but they cannot compare with each other. If too much emphasis is given to rule by morality, it will inevitably affect the dominance of rule by law. The plural structure of an organic whole in legal order should stick to rule by law combined with rule by morality.