法律理想与道德底线

法律性与人性会有一定冲突,冲突源于道德与法律互动的历史进程。法和德之间有一定的历史渊源,在现实社会中它们也有不同的功能领域,法律是道德的底线。分清法律与道德的功能范畴,厘定其关系,实现德治与法治的互补与良性循环,也就廓清了法治理想主义的迷雾,把握了法治国的理想与现实。

Law Ideal and Moral Base Line

There would be conflict between the law and human nature which comes from interactive history course between morals and laws.There are some history successions between law and moral.And it also has its own functional fields,that is,the law is the base line of moral.If their functional fields between law and moral are distinguished,their relationships are determined,and complementation and benign circle between rules by law and moral are realized,the puzzle of legal state idealism would be cleared up,the ideal and reality of legal state would be mastered.