从中西立法看道德的法律化

道德的法律化是中西立法实践中常见的现象 ,其实质是把一些道德义务转化为法律义务 ,把道德原则转化成法律原则。但在把道德法律化的实践中 ,那些被法律化的道德必须是能够为社会的主流所接受和践行的道德 ,应注意避免把过高的道德义务转化成法律义务。

Analyzing Legalization of Morality through the Legislation of the East and the West

The legalization of morality is a phenomenon that takes place very often in the legislation of the East and the West. Its nature is to transform some moral obligations into legal obligations, and to transform moral principles to legal principles. However, in the practice of the legalization of morality, the legalized moralities must be those that can be accepted and fulfilled by the main stream of the society. Attention should be paid not to transform the moral obligations that are hard to fulfill into legal obligations.