伦理学视域下“法治”与“德治”学理矛盾关系规避

The Circumvention in the Scientific Principle of Contradictory Relation Between the Rule of Law and the Rule of Virtue under the Ethics Horizon

依法治国和以德治国相结合成为社会主义法治的基本原则,"法治"与"德治"的关系问题成为当前法学研究的焦点。"法治"与"德治"是国家治理方法中的两种不同方法,二者是处在统一中的一对矛盾关系,体现在学理性和二者的逻辑起点上,表征为人性善与恶的冲突。如若在伦理学的视下域很好地规避和解决二者的冲突,能将其转化为推动国家治理现代化的动力。

The combining of the rule of law and the rule of virtue has become the basic principle ot social- ism rule of law, the relation between the rule of law and the rule of virtue has become the focus of current le- gal research. The rule of law and the rule of virtue are two different methods, it is a pair of contradictory re- lations which were embodied on the academic soundness and the logical starting point, the characterization of good and evil of human nature. If the conflict can be avoided and solved well, then we can convert it into the power that can promote the modernization of national governance.