Moral And Spiritual Research And The Law Of Faith

At present, China is in violent transition. " run the country according to law " and " run the country with morality "are both state policies of the country. As a result, the modern ethics educational circles in China have raised the upsurge of the research morals and legal relation. The research of morals spirit and legal faith is new focuses of present research among them. Morals spirit and legal faith are category of spirit, and how about inclusive intergrowth at China at present stage . theory circle has to face the question that make people establish legal faith and develop morals spirit to reach the win-win state .But it is a pity that only some scholar involve this question more or less and the involving are all decayed , in disorder and can not become a integrate system.. So I chooses to study "morals spirit and legal faith" and expect to clarify some basic concepts , believing it will help the real intergrowth of the morals spirit and law .in practice . This text is divided into three parts:First part : basic problems of Morals spirit and legal faith are studied. This is a basic theory part of this text, and mainly some basic definitions to make comparatively clear determining according to the definition of domestic and international morals spirit .At first, explain the basic definition and nature of morals spirit,, Secondly make the basic definition to legal faith according to the Chinese reality and the representation and reason existing in legal crisis . finally I analyze the meaning of research the relation of morals spirit and legal faith and point out that if we study and handle this question well it can impel the win-win intergrowth of moral spirit and legal faith.Second part : analysis of the relation of ethical spirit and legalfaith. This is an important content of this text and divide into four respects . At first , the article prove that in China it is an ethical principle to establish legal faith in terms of philosophy. Secondly the author has explain in China that legal faith must obtain morals spirit and the morals spirit can develop through the law. Finally, the author prove moral spirit is the key to establish legal faith according to three aspects: the "house- country " structure of moral spirit is the basic structure to set the legal faith ;the morals spirit of "the harmony between man and nature" is an important factor of producing legal faith ; "morals spirit of justice is the key to select legal faith.The third part : In the violent transition of China , make countermeasure to set good situation of morals spirit and legal faith. The part is the home of a full text. From legislate ^ administration of justice > abide by the law stage, get the corresponding countermeasure separately. Firstly at legislative stage, strengthen the moral view because the moral spirit is the precondition of legal faith. From legislative morals of right and legislative morals of justice , the author analyze the important question. Further, improve ethical yardstick at judicial stage. Strengthen the restriction of judge's morals because if judge's behavior merge into the morals spirit the people will set the legal faith for the convinced judge. Professional ethics of lawyer may be strengthened for the establishing of legal faith too0 Then in law-abiding stage, increase the moral spirit because it is the foundation stone of faith. The article describe personal consciousness of citizen in order to prove ethical judgment and choose is important for the spirit of .Further, the good law is the prerequisite that the people possess the spirit of law-abiding and legal faith too. The innovation of this text lies in : Study this comparatively blank field in ethical spirit and legal faith, try todefine some basic conception logically about this problem , analyze the relation of the moral spirit and legal faith, put forward the suggestion on how to get win-win situation in practice. This is a concrete question that the theory circle do not pay close attention to at present, I hope this article on this problem can be abundant and perfecting the theory research results of law of our country ethics.