法治与德治－现代社会文明秩序的支柱

高度发展的物质文明、政治文明和精神文明是现代社会文明秩序的基石,法德并举则是维系这个文明秩序的支柱.现代法治渊源于西方法律文化,主体是全体公民,客体是国家事务和各种社会行为,内涵是依法办事,法律面前一律平等;以"民本”为核心的传统德治思想渊源于儒学,它强调道德教化、重视社会道德水准提高的人文精神具有一定的现实意义,但作为软控制约束必须把握德治的力度、刚度和密度的适度性.法治与德治因其共同的基础和目的而具有内在的统一性,"依法治国”与"以德治国”并重构成了现代国家最完整、最科学的治国方略.

The Rule by Law and the Rule of Virtue --the Pillar of the Civilized Order in Modern Society

The highly developed civilizitions of material, politics and spirit is the cornerstone of the civilized order in modern society, in which the combination of rule by law and the rule of virtue is the pillar. Western legal culture is the source of modern rule by law idea. And its subject is entire citizen, and its object is state affairs and various social activities, and its connotation is to act according to law, that is, all men are equal before the law. Confucianism is the source of traditional rule of"take citizen as the root " as its core. Its humanism is practically meaningful which emphasizes morality instructions and attaches importance to the improvement of social moral standard. As spiritual control the idea of the rule of virtue must grasp the extent of its quantity, intensity and density. There is inner unity in rule by law and rule of virtue. The combination of the rule by law and the rule of virtue constructs the most scientific and complete general plan of administering the country.