On The Conflict And Coordination Between The Law And Morality Of China's Social Transition Period

After the reform and opening-up,China has entered the social transformation period.China society moves from the sole society to the multi-dimensional society,from the acquaintance society to the stranger society,from the human society to the rule of law society.The original interest pattern was broken,the social structural differentiation and social contradictions has increased by the diversification of benefits.The traditional moral concept and real life are not adapted,divided,mismatched and occurring other symptoms.Special reality of China's social transformation period not only aggravates the conflict between law and morality,but also complicates the conflict between law and morality.And it leads to the confusion of morality and the dislocation of law.Therefore,the importance is self-evident that coordinating the conflict between law and morality in China's social transition period.The realistic manifestation of conflict between law and morality in China's social transformation period can be summed up in two categories:"reasonable illegal" and "legal unreasonable".The main types of conflict between law and morality in China's social transformation period can be summed up in two categories:conflicts in the real sense and at the formal level.The essence of conflict between law and morality in China's social transformation period,specific including:the conflict between human condition and law,the conflict between the traditional morality based on the official thought and the modern right standard law rule,the conflict between Chinese traditional moral collectivism and modern legal individual standard.Explicating the current situation and the essence of conflict between law and morality in China's social transformation period lays the foundation for the alleviation,coordination and settlement of the conflict between law and morality in China's social transformation period.Putting forward suggestions from the following aspects to coordinate the conflict between law and morality:Firstly,in terms of legislation,developing good laws:the establishment of the basic social system and structure conforms to the basic universal human nature;citizens'fundamental political freedoms are guaranteed;social inequalities are limited;achieving the best interests of the majority.Secondly,in the judicial aspect,insisting on the moderate compromise of substantive justice:the necessity of compromise--the supremacy of law;criticism on the humanization of lawsuit;exceptions to strict rules-basic justice and human rights.Thirdly,cultivating and sharing a social organization.Establishing and maintaining an organic community connection,creating a social environment that is fully maintained and motivated by creating basic good.Developing good laws in terms of legislation is the premise to coordinate the conflict between law and morality in China's social transformation period.Insisting on the moderate compromise of substantive justice in the judicial aspect is the key to coordinate the conflict between law and morality in China's social transformation period.Cultivating and sharing a social organization is an important supplement to coordinate the conflict between law and morality in China's social transformation period.Coordinating three fingers of legislative,judicial and social organizations.And activating the whole game of"coordinating in conflict",making law and morality fly like birds and drive like wheels.