On The Rule Of Law In The Process Of Moral Support

To rule by law requires the support of morality. In history, the western bourgeois legal system was the entity system established on the base of natural law. To rule by law has always been contacted with the value of morality. In the traditional history of China, the moral principles of Confucianism dominated and stipulated the development of law. Morality became the mainline of political practice, so the legal system requires the support of morality all along the human political practice. In academic theories, from the roles played by morality and law and the inherent mechanism, it has possibility and inevitability for the moral support in the ruling course by law. With above historical investigation and academic analysis, the thesis sets forth the ways and limitations of moral support in the ruling course by law. The thesis thinks that the morality is the evaluation dimensions for ruling course by law and exists as law corpusto support the realization of ruling by law, but moral support cannot affect the supply of normal legal institutions. At same time, from the ruling practice by law in contemporary era of China, the thesis probes into the concrete ruling targets bylaw on the base of combination of value rationality with form reasonableness .The thesis also tries to design the construction of ruling principles by law on the foundation of ethics and explore the paths of moral support in the ruling course by law in contemporary era of China...