论个体道德力助推社会法治建设的功用

全面依法治国是中国特色社会主义的本质要求和重要内容。法治,实质上是一种特殊的道德需要,是主体普遍道德需要的制度安排和规范表达。个体道德力,则是社会法治建设的“助推器”。个体道德力助力法治文化弘扬、推动法治人才培养、促进法治体系建构、保障法治实践深化。但是,个体道德力与社会法治并非总能有效共行、相与为一。从以下几方面构建对策、清除掣肘,全面强化个体道德力对于社会法治之功用,是新时代法治建设的应有之义：夯实法律的伦理内涵与价值基础,提升立法的反思和回应能力;构建司法执法与民意的有效沟通机制,考究司法执法实践中"道德话语"的特殊意蕴;加大全民普法力度,提高公民的守法理性,强化公民的守法自律意识,为公民的守法道德确立具体向度;兼顾知识普及、法学研究与价值体认,注重法治人才的职业道德和个人美德培育;德法双修,法德共进,敦促道德教育与普法教育桴鼓相应,并贯穿于人才培养的全过程。

On Function of Individual Moral Power over Construction of Social Rule of Law

Governing the country comprehensively according to laws is the essential requirement and important content of the socialism with Chinese characteristics. The rule of law is essentially a special moral need, and is the institutional arrangement and normative expression of the subject''s general moral needs. Individual moral power is a "booster" for the construction of social rule of law. Individual moral power helps promote the culture of rule of law, better the training of legal talents, improve the construction of the system of rule of law, and ensure the deepening of the practice of rule of law. However, individual moral power and social rule of law are not always compatible. From the following aspects, clearing the obstacles, constructing countermeasures, and comprehensively improving the boosting effect of individual moral power on the rule of law in society are the necessary content of the construction of social rule of law in the new era: consolidating the inherent ethics and value foundation of law, and improving the legislation''s ability to reflect and respond; to establish an effective communication mechanism between judicial enforcement and public opinion, to explore the special meaning of "moral discourse" in the practice of judicial enforcement ; to strengthen the law''s popularization to all citizens, to improve citizens'' law-abiding rationality, to enhance citizens'' law-abiding self-discipline awareness, and to formulate specific standards of citizens'' law-abiding ethics; to coordinate the popularization of knowledge, legal research and value recognition, focusing on the cultivation of the legal personnels'' professional ethics and personal virtues;to ensure that morality and law are strengthened together and moved forward together, and urge moral education and law education to be complementary throughout the entire process of talent training.