How to understand the combination of ruling the country by law and ruling the country by virtue?

How to understand the combination of ruling the country by law and ruling the country by virtue

The relationship between law and morality is an eternal topic throughout the ages. Both of them are different and inseparable, and they are indispensable and important means of national governance and social operation. The Fourth Plenary Session of the 18th CPC Central Committee put forward that it is an important principle to adhere to the combination of ruling the country by law and ruling the country by virtue. Today, to build a socialist country ruled by law, we must implement this important principle, insist on grasping the rule of law on the one hand and the rule of virtue on the other, and realize that law and morality complement each other, and the rule of law and the rule of virtue complement each other.

What do you think of the relationship between the rule of law and the rule of virtue?

"Xiao Zhi governs affairs, intelligently employs people, and intelligently legislates." Throughout the ages, the rule of law is an indispensable and important means of governing the country. When we attach importance to the rule of law, the rule of law will flourish, and when the country is rich and strong and the people are safe; When the rule of law is ignored and relaxed, when the country is in chaos and the people are angry. Today, ruling the country according to law has become the basic strategy for our party to lead the people to govern the country, and ruling the country according to law has become the basic way for the party to govern the country. Our determination to build a China ruled by law is unshakable.

But at the same time, we should also see that the law is not omnipotent, and the rule of law alone is not enough. Law is written morality, and morality is internal law. The effective implementation of law depends on the support of morality, and the conscious practice of morality cannot be separated from the strong constraint of law; Morality can play a role in the field where the law is difficult to regulate, and the law can punish the behavior that morality is unable to restrain. It can be seen that the rule of law and the rule of virtue are like the two wheels of a car and the wings of a bird, which cannot be neglected. The governance of the country and society needs the coordination of law and morality, both the rule of law and the rule of virtue.

Adhering to the combination of ruling the country by law and ruling the country by virtue is a profound summary of the experience of governing the country at all times and in all countries. China has a long legal tradition and a heavy moral heritage. From Confucius' proposal of "combining leniency with severity" to Mencius' proposal that "goodness is not enough to govern and goodness cannot stand on its own feet"; From Xunzi's proposal of "attaching importance to ceremony" to Dong Zhongshu's emphasis on "Yang as virtue and Yin as punishment" in Han Dynasty; From the proposal of "courtesy should be respected, punishment should be threatened" in the Tang Dynasty to the continuation of the rule of virtue and the rule of law in the Song, Yuan, Ming and Qing Dynasties, the combination of rule of virtue and the rule of law has been reflected. From a global perspective, most countries with effective social governance insist on the rule of law as the basic principle of governing the country, and at the same time pay attention to regulating people's behavior with morality.

Adhering to the combination of the rule of law and the rule of virtue is a major advantage of the rule of law in Socialism with Chinese characteristics. After long-term practice and exploration, we have embarked on our own road of rule of law and made historic achievements in the construction of rule of law. This road of rule of law is very rich in connotation, and one of the important aspects is to adhere to the rule of law, rule of virtue, and be tough with both hands. Based on the present and facing the future, to implement the basic strategy of governing the country according to law, the most important thing is to stick to its own road of rule of law and give full play to its distinctive characteristics and outstanding advantages. This requires us to better adhere to the combination of ruling the country by law and ruling the country by virtue, and earnestly promote the rule of law based on the rule of virtue and the rule of virtue guaranteed by the rule of law.

Adhering to the combination of rule of law and rule of virtue is also an urgent requirement of reality. At present, China's reform and development has entered a critical stage. To cope with unprecedented contradictions and risk challenges, we must fundamentally and comprehensively promote the rule of law. We should be soberly aware that there are still many unsuitable and uncoordinated problems in the construction of the rule of law in China. To solve these problems, it is not enough to talk about the rule of law. We should focus on the overall situation and plan systematically, especially based on China's historical tradition and realistic national conditions, attach importance to strengthening moral education and ideological guidance, strive to cultivate people's legal belief and concept of rule of law, create a cultural environment in which the whole society sets, stresses and abides by rules, and let law and morality play an important role in national and social governance.

Weibo comment

◆ The rule of law and the rule of virtue complement each other. Talking about the rule of law without the rule of virtue is like a person who lacks spiritual support and has only a skeleton but no connotation.

Law and morality are hard constraints, soft constraints, external heteronomy and internal self-discipline, but they are internally consistent.

◆ Governing the country by law is externalized in practice, and governing the country by virtue is internalized in the heart.

◆ The law is the criterion and cannot be violated at any time; Morality is the cornerstone and cannot be ignored at any time.

Questions and answers

Q: What do you mean by "goodness is not enough to cure, and goodness is not self-sufficient"?

A: This sentence comes from Mencius Li Lou, which means that virtue alone is not enough to handle the government affairs of the country, and laws alone cannot make you effective. This means that to govern a country, we must combine good governance with law enforcement.

Q: What does it mean to say that "those who serve the law are strong and those who serve the law are weak, so the country is weak"?

A: This sentence comes from the Doctrine of the Mean, which means that the country will be rich and strong if the law enforcers are firm. If the law enforcers are weak, the country will be weak. It shows that doing things according to law is the guarantee of the country's prosperity. If the laws are not complied with and the law enforcement is lax, it will be difficult for the country to govern well.

sound

Make the coupling of law and morality a powerful "combination boxing"

Li Zhongjie (deputy director of the Party History Research Office of the Central Committee): Legal norms must have a moral foundation and must be based on certain value standards; And moral norms, under certain conditions, may also be upgraded to a legal system to strengthen its standardization. Legal system is a hard constraint, while morality is a soft constraint. Many social fields need soft and hard constraints. In addition to hard constraints, coercive force regulates behavior, while soft constraints focus on solving people's ideological problems. Only when law and morality are in harmony can we achieve good results.

Second, how to nourish the spirit of the rule of law with morality

Zhangjiagang, Jiangsu Province, located on the bank of the Yangtze River, is one of the cities with the lowest crime rate in China. Closely related to it, Zhangjiagang is also the first county-level city to be rated as a national civilized city. As early as 20 years ago, it was famous all over the country for its achievements in spiritual civilization construction. The long-term infiltration of civilization has cultivated the culture of rule of law in this city and nurtured the spirit of rule of law of Zhangjiagang people.

The practice in Zhangjiagang vividly shows that morality is the source of cultivating the spirit of rule of law. Laws depend on morality and are recognized and observed. When a person's moral consciousness is improved, he will inevitably consciously respect and abide by the law. The moral level of the whole society has improved, and the rule of law has a solid foundation. Adhere to the combination of ruling the country by law and ruling the country by virtue, we must attach importance to the role of moral education, improve the civilization of the whole society, and create a good humanistic environment for the implementation of ruling the country by law.

Reflect the requirements of the rule of law in the moral system. The first word of the 20-character basic moral standard of Chinese citizens is "patriotism and law-abiding"; The 24-word socialist core values, "rule of law" is impressively listed; The socialist concept of honor and disgrace with "eight honors and eight disgraces" as its main content means "being proud of obeying the law and being ashamed of violating the law and discipline". It can be seen that obeying the law is not only a legal obligation, but also an important moral requirement. We should constantly improve the socialist ideological and moral system, so that it can better connect and coordinate with the socialist legal norms. The professional ethics of various industries, local civil conventions, village rules and regulations, and students' code of conduct should all highlight respect for the law as an important content and strengthen people's concept and consciousness of the rule of law.

Highlight the legal connotation of moral education. Moral education is a process of teaching people to seek truth, persuading people to be good and promoting people to be good, and it is also an important channel to cultivate the spirit of the rule of law. It is necessary to carry out the civic moral construction project in depth and strengthen the construction of social morality, professional ethics, family virtues and personal morality. In this process, we should pay attention to cultivating the awareness of rules, advocating the spirit of contract, promoting public order and good customs, and guiding people to consciously fulfill their legal obligations, social responsibilities and family responsibilities, especially in view of the heavy human habits and weak awareness of rules in China.

Cultivating the spirit of rule of law in cultural inheritance. Thousands of years of Chinese culture, rich in moral resources and rich in legal thoughts, is an important source for us to cultivate the spirit of the rule of law today. We should vigorously carry forward China's excellent traditional culture, dig deep into its ideological essence of "law-based", "ruling the country according to law", "punishment is not above the outline" and "monarch and minister according to law", do a good job in creative transformation and innovative development, and carry it forward under the new era conditions.

Promoting the practice of rule of law in the process of civilization creation. Morality focuses on practice, and the rule of law also focuses on practice. The best education of morality and rule of law is to feel the power of morality and rule of law in daily life and concrete practice, and to establish the idea of respecting morality and law. It is necessary to incorporate the cultural activities of the rule of law into mass activities to create spiritual civilization, and extensively carry out voluntary services with the theme of legal aid and popularization of law, so that people can be influenced by the rule of law in colorful activities and enhance their awareness of the rule of law. Guide the people to actively participate in rural areas, communities, enterprises and other grassroots governance according to law, actively participate in public management, safeguard their rights and interests according to law, and let the seeds of the rule of law take root in the hearts of the people and bear fruit in the whole society.

Third, how to implement moral requirements in the construction of the rule of law.

2013165438+10/2 1 day, Cheng Bin, a taxi driver in Yangzhou, Jiangsu Province, found someone unconscious after being hit by a car accident and immediately rushed him to the hospital. Along the way, he ran seven red lights in a row, winning valuable rescue time for the injured. While praising his just behavior, people also care whether he will be punished for running a red light. The traffic police department said that according to the current road safety laws and regulations, speeding and running a red light caused by rescuing patients in distress can be exempted from punishment if there are hospital medical records and other supporting materials, which makes people feel relieved. Don't let good people suffer, which reflects the protection and encouragement of the law to help others do good things.

We often say that jurisprudence is nothing more than human feelings; There is also a legal proverb in the west: "within the law, there must be justice and human feelings." Law generally embodies moral judgment and moral orientation. Only when the law conforms to people's moral will and social order and good customs can it be believed and observed by people. Therefore, both legislation, law enforcement and judicature should reflect the requirements of advanced socialist morality and run through socialist core values, so that the socialist rule of law can become "good law" and "good governance".

Legislation should establish good laws. Moral concept is an important source of legal norms. Since ancient times, countries have generally raised the basic moral norms and important public order and good customs in society into laws through legislative procedures. China's newly revised Law on the Protection of the Rights and Interests of the Elderly on 20 13 formally introduced children into this law, which embodies the traditional virtues of the Chinese nation of filial piety to the elderly and loving their loved ones. However, there are also some specific provisions and contents of some laws and regulations that are uncoordinated, uncoordinated or even contrary to the requirements of socialist moral norms and core values. In the process of perfecting the legal system, we should strengthen the coordination and connection with morality, and raise the mature and operable moral requirements widely recognized in practice into legal norms in time. We should also pay attention to the evaluation of the moral effect and moral hazard of the law, abolish or amend laws and regulations that violate moral requirements in time, and make the legal system show more moral power.

Law enforcement should promote righteousness. Law enforcement is not only a legal act, but also a clear moral orientation. Strict and fair law enforcement is the defense of legal dignity and the promotion of advanced morality; Law enforcement is lax and unfair, which is a disregard for the dignity of the law, a connivance of evil deeds and a derogatory to virtue. Through law enforcement, we should give full play to the social function of the rule of law in strengthening the body resistance and eliminating evil spirits, and promote the rectification of wind and qi. Law enforcement should be strict and fair, and acts that infringe on public interests, people's rights and interests and social order should be punished and curbed in time, and the truth, goodness and beauty should be promoted and the false, evil and ugly should be cracked down. Law enforcement should be civilized and standardized, reflect humanistic care, conform to both legal norms and moral norms, be well-founded in the law, be well-founded, prevent rough and brutal law enforcement, and gain a solid moral foundation for law enforcement activities.

Justice should distinguish good from evil. Judicial judgment can best reflect the function of law to punish evil and promote good. We must adhere to fair justice, punish and punish all kinds of illegal and criminal acts according to law, and let the people feel fair and just in every judicial case, and feel that good is rewarded with good and evil with evil. Many times, the law can only make principled provisions, but in judicial practice, we will encounter various specific situations, which requires judicial personnel to correctly exercise their discretion and make fair and reasonable rulings in accordance with the requirements of socialist core values, thus truly guiding the society to be good. It is necessary to intensify judicial openness, strengthen supervision over judicial activities, resolutely punish judicial corruption, better safeguard fairness and justice, and carry forward virtues and good deeds.

interconnection

The newly revised Law on the Protection of the Rights and Interests of the Elderly fully embodies moral concern.

On July 2065438+2003 1 day, the newly revised Law on the Protection of the Rights and Interests of the Elderly came into effect. This revision highlights the role of moral care and spiritual support. For example, Article 14 stipulates: "The supporter shall fulfill the obligation of providing economic support, life care and spiritual comfort to the elderly, and take care of their special needs." Article 18 stipulates: "Family members should be concerned about the spiritual needs of the elderly, and should not be ignored or neglected. Family members who live apart from the elderly should often visit or greet the elderly. The employing unit shall, in accordance with the relevant provisions of the state, guarantee the right of family members of the army to visit relatives and take vacations. " These regulations reflect the traditional virtues of the Chinese nation in respecting, supporting and helping the elderly, and carry forward the social civilization of "caring for and caring for the elderly", which has received great attention and heartfelt support from the majority of the elderly and thousands of families.

Fourthly, how to solve the outstanding problems in the moral field by means of the rule of law?

2065438+2004 65438+ 10, the Central Civilization Office, the Supreme People's Court, the Ministry of Public Security and other departments signed the Memorandum of Cooperation on Building Honesty and Punishing Dishonesty. According to the relevant laws and regulations, this memorandum has introduced a number of credit punishment measures for untrustworthy people, such as prohibiting sleeping on planes or trains, restricting loans or handling credit cards, and not being a corporate executive. This rule of law measure effectively suppressed the living space of "Lao Lai", made them pay the price for their dishonesty, and also effectively promoted the moral trend of honesty and trustworthiness. This shows that the rule of law is an effective means to guarantee and promote moral construction.

Morality is a flexible self-consciousness, which is inspired by people's conscience. For those who lack moral consciousness, moral education is easy to become weak. At present, in the face of various interests and bad ideas, some social members' moral defense lines have collapsed, immoral behaviors have occurred frequently, and the people have strongly reflected them. For those ugly behaviors that violate morality and arouse public anger, it is far from enough to rely solely on moral education and question conscience. We must use the rule of law to govern, punish and restrain those who have lost their morality and severely crack down on offenders.

Clear the rules and draw the bottom line of behavior. Without rules, there would be no Fiona Fang. Law is the bottom line and the barrier of morality. Attention should be paid to raising some basic moral norms to legal norms, so that people can clearly know what can and cannot be done. It is necessary to clarify the punishment measures for unethical behavior, so that people who are shaken by morality are afraid and promote the formation of a good social atmosphere. In view of the outstanding lack of honesty, we should step up the establishment of a credit information system covering the whole society, improve the credit records of citizens and organizations, improve the reward mechanism of law-abiding honesty and the punishment mechanism of illegal and untrustworthy behaviors, so that everyone can't break their promises.

Punish bad behavior and form a warning effect. Confucius said: "The change of literature leads to the smooth guidance, the injury of righteousness and the defeat of vulgarity, so it is punished." This means that those who do not change after being educated and do not listen after being educated will be punished by law. It is necessary to continue to carry out in-depth special treatment of outstanding problems in the moral field, strengthen the rectification of unethical behaviors that are strongly reflected by the society, and persuade and punish according to the law. In the field of food and medicine, we should strengthen law enforcement, strengthen daily supervision, investigate and deal with major cases, so that those who violate morality will be punished and pay a high price, which will serve as a warning and education to the whole society.

Do good deeds and accumulate virtue, and promote benevolence and righteousness. As the saying goes, good people are rewarded. But in reality, sometimes good people will suffer, bleed and cry. In the long run, it will inevitably chill the hearts of good people and the whole society. We have seen many reports that the old man fell and passers-by did not dare to help him, which illustrates this problem. Laws and regulations must establish a clear moral orientation to ensure the realization of good deeds. Many countries in the world have laws to protect the rights and interests of helpers. Most provinces, autonomous regions and municipalities in China have also formulated policies and regulations to reward and protect courageous acts, and Shenzhen has also formulated the Provisions on the Protection of the Rights and Interests of Courageous Persons in Shenzhen Special Economic Zone to provide legal protection for good people. We should continue to improve the laws and regulations in this regard, resolve the moral hazard of good people, protect their legitimate rights and interests, praise their moral behavior, and guide the whole society to respect morality and do good.

The law is safe in the world, and the morality moistens people's hearts. For thousands of years, the topic of law and morality has been enduring. In today's China, let the sunshine of the rule of law shine, let the breeze of morality blow, and everyone's dream pursuit road and the whole nation's dream pursuit road will be brighter and smoother.

Questions and answers

Q: What is a credit information system?

A: The credit information system is a professional and independent third-party organization that establishes credit files and basic databases, collects credit information of enterprises, institutions, other organizations and individuals according to law, and provides credit reports to credit users according to law. In 2006, the People's Bank of China established a national centralized and unified basic database of financial credit information (i.e. enterprise and individual credit information system). By the end of June, 20 14, the credit information system * * * had collected more than 9.4 million legal persons/kloc-0, with an average daily inquiry of 270,000 in the first half of the year; Including 850 million natural persons, the average daily inquiry in the first half of the year was 65.438+0.06 million times. In 20 14, the loan business of e-commerce platform represented by Alibaba was connected to the central bank's credit information system.