论以德治国与依法治国的关系

On the Relationship of Ruling the Country and Ruling the country by Law

道德与法律之间既有相互区别又有相互联系。道德主要靠自律,法律则具有国家的强制性即他律;道德所作用的范围和调节的对象几乎涉及到人们的生产、工作和社会生活的一切方面,而法律所调节的只是人们的某些特定行为;道德对人们行为的要求往往高于法律,道德和法律均起源于风俗习惯;法律中包含有道德的规范,道德规范中又有法律内容。道德与法律、德治与法治之间是一种互补的关系,每一方都必须将另一方有机地看作其本来的协同者而构成统一的秩序。以德治国不是对依法治国的否定、超越,而是依法治国的基础和有力辅佐,同时依法治国又是以德治国的保障机制。

Either differences or connections exist in the relationship of the moral and the law. The main feature of moral is self-control, while the law is the nation's implementation-compulsory. The functional range and the adjusting targets of moral are concerned to almost every aspect including the production, working and social life of human beings, while the law's are only to some special behavior. For human's behavior, moral demands more strict that law does, and both are originated from the conventional habits. The moral regularities are contained in law, and it also has the contents from law. Moral and law are mutual to each other, so is the relationship between ruling the country by virtue and ruling the country by law. But it is a foundation and is powerfully supportive to the latter. Meanwhile, the latter is a protective system to ruling the country by virtue.