德治与法治关系探微

On the Relation between Rule of Virtue and Rule of Law

在当前坚持依法治国和以德治国相结合的社会环境中,深入探析德治与法治的关系具有重要意义。德治与法治的关系涉及自然律、道德律与法律三者之间复杂而多元的张力关系,更涉及法治与德治在价值上谁更优先这个核心话题。如果说法治主要是从实用性上做出的考量,更多地基于“事实”,那么德治则是从理想性上做出的考量,更多地基于“价值”。从理想性角度看,成为守法的公民是实然性所需,成为道德崇高的人则是应然性所需。国无德不兴,人无德不立。在强调依法治国的根本前提下,对德治的强调是提升社会道德文明水平的必然要求。

In the current social environment of adhering to the combination of rule by law and rule by virtue,it is of great significance to deeply explore the relationship between rule by virtue and rule by law.The relationship between rule of virtue and rule of law involves the complex and pluralistic tension relationship among natural law,moral law and law,and also involves the core topic of who gives priority to rule of law or rule of virtue in the ideal value.If the rule of law is mainly based on practicality and more on“facts”,then the rule of virtue is based on ideality and more on“value”.From the perspective of ideality,it is necessary to be a law-abiding citizen,and it is necessary to be a moral person.No country needs virtue to be better,and man also needs virtue to be better.On the premise of emphasizing the rule of law,the emphasis on the rule of virtue is an inevitable requirement to improve the level of social moral civilization.