析良法与善德

关于法与德的关系 ,在中国古代与西方历史上存有许多纷争。无论是中国古代的德治还是西方历史上的法治都有失之偏颇之处 ,前者忽视个体之平等、自由 ,后者漠视团体之团结、互助。现代社会主义市场经济既是法治经济又是德治经济 ,而法治与德治的和谐运作需要蕴含信用、平等、自由、团结、互助精神的良法与善德的互动。

An Analysis of Good Law and Perfect Morality

With regards to the relationship between law and morality, there had quite a few discussions either in ancient China or in the West. Both rule of virtue in China and rule of law in Western countries were inadequate. The former neglects individual equality and freedom, while the latter ignores group unity and mutual aid. On the basis of historical examination and objective analysis, the article puts forward that modern socialist market-oriented economy needs both rule of law and rule of virtue. For their smooth operation, we should nurture a harmonious integration of law and morality which contain the qualities of credit, equality and freedom, unity and mutual aid.