德与法关系模式的现代性思考

道德和法律的关系作为伦理学研究的重要范畴备受关注。需要我们思考的是,中西方思想家都曾探讨过道德与法律的关系问题,所不同的是中国最终走向了"人治";而西方则走向了法治主义的道路,继而在现代出现逐渐融合趋势。因此,在党的十六大报告提出"依法治国和以德治国相辅相成"、"要建立与社会主义法律体系相协调的社会主义思想道德体系"的背景下思考如何构建适合社会主义市场经济需要的德与法关系模式显得尤为重要。

Modern Reflection on Relation Pattern of Morality and Law

The relation between morality and law as an important topic is of great concern.The Chinese and western thinkers all discussed the relation between morality and law.The difference lies in that China finally took the mode of "rule by people" while the west took the mode of "rule by law".Nowadays there is tendency of mergence of the two.Therefore,it is of great importance to reflect on how to establish the pattern of relation between morality and law to meet the needs of socialist market economy against the background of ruling China by both morality and law and of establishing socialist ideological system in accordance with socialist legal system as advanced in the report of the 16th National Congress of the CPC.