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Paper代写:Law and morality

2019-02-18 18:43:31 | 日記
本篇paper代写- Law and morality讨论了法律与道德。法律源于道德,道德是对法律的补充和完善。法律是最基本的道德,道德是最高的法律。只有充分认识道德与法律之间的关系,让法律始终渗透着道德的理念。这样法律才能不那么程序化、结构化,让它也体现出人文色彩。本篇paper代写由51due代写平台整理,供大家参考阅读。

Law and morality have always been attached importance to by people, which have different social functions and social benefits. Law is the embodiment of the will of the state and an important means to serve the ruling class. At present, China is a socialist democratic dictatorship, which represents the fundamental interests of the overwhelming majority of the people. The enactment of laws is based on the consideration of serving the interests of the overwhelming majority of the people and can ensure that the people's rights and interests are protected to the greatest extent. At the same time, the law is mandatory, when the rights of citizens are injured, can use legal means to protect their own interests. Morality is the accepted social norm and code of conduct in the social group. It has no clear written provisions and constraints. It is a kind of value in the heart of citizens. Morality is to achieve its binding effect through public opinion of social groups. There is no mandatory measure, which requires every citizen to consciously abide by and maintain, and form a default code of conduct. Both law and morality have something in common and have their own characteristics. They are integrated and promote each other, and play their respective roles in social norms. There are also differences. As a result, there is a conflict between law and morality. Different results are shown for the same kind of behavior in their respective fields, which leads to a game between law and morality. They need to supplement and improve their own codes of conduct. In the game between morality and law, we need to balance the relationship between them. The conflict between morality and law should be resolved actively and the two should be skillfully integrated to promote the development of society in a better direction.

Law is the constraint condition of the social crowd's code of conduct, which regulates the scientific and reasonable social activities and ensures the healthy operation of the society. There have always been laws, such as shang Yang's legislation and wang anshi's reform in ancient times. From the very beginning, the law takes fairness and justice as its starting point and goal. It aims to keep the society in a more stable state of operation and promote the healthy and orderly development of the society. Law can be divided into two connotations: broad sense law and narrow sense law. The broad sense of law in our country contains a variety of laws. The constitution, the civil law, the commercial law, the national security law, and so on, are all enacted and promulgated by the National People's Congress. At the same time, various regions and administrative organs may, in light of their local conditions and development needs, formulate laws in various regions to promote more scientific and reasonable regional management. However, in the process of making regional laws, they must be made on the basis of national laws such as the constitution, without any contradiction or disagreement with national laws. If there is any difference with national laws, it will lose its legal benefits. National laws and local regulations constitute the whole law. They promote and coordinate each other to serve the overall development of society. In its narrow sense, the law is enacted by the National People's Congress and its standing committee.

Legal norms are abstract generalizations of social activities and social codes of conduct, whose subject of behavior is all citizens of the society and has universal applicability. The criterion for the law to play its role requires: firstly, the law should be implemented by the state on the basis of national coercive force. Law plays a role in maintaining social stability and needs to be complied with and implemented by citizens under coercive authority. The law has a clear division of rights and obligations for every citizen, so that citizens do not undermine the rights of others, and restrict their behavior within the scope of the law. The law stipulates in express terms that every citizen can restrain his behavior and promote the healthy and orderly development of society. Law is the minimum moral, is the tool and magic weapon for citizens to safeguard their rights, and ensures that citizens can seek assistance in the law.

Morality belongs to the category of social ideology. Morality is reflected in the analects of Confucius, mencius and the book of songs. Morality, like law, has two basic meanings. In a broad sense, morality refers to an individual's moral level and behavior pattern, which is an important reflection of a person's comprehensive level. For example, loud talking, spitting, littering and other behaviors in public places are all manifestations of low personal moral standards. At the same time, morality is an important bridge to coordinate the relationship between individuals and others, between individuals and society. Morality requires every citizen to conscientiously implement it. It is their own constraints on their own behavior, there is no national law enforcement measures and legal provisions, the need to consciously abide by, is a kind of "careful" thinking reflected. The violation of social morality by citizens has negative effects, which will bring negative effects to both individuals and the society.

Morality and law have different social meanings, and their subjects are different. First of all, the subject of the law is the national compulsory force, which is defined by laws and regulations whether the behavior is reasonable and legal. But the moral subject is the broad masses, does not have the national will - power participation, does not have a written stipulation and the standard to define. Secondly, the law is based on the individual behavior to judge whether the legal, but specific behavior to act in accordance with the rules and regulations. Morality, on the other hand, takes personal thoughts and thoughts of the time into consideration, judges the inner world of the individual, and makes the character not only conform to moral requirements in external behavior, but also form a better moral concept. Moreover, the most obvious difference between law and morality lies in the fact that law can be enforced by the national coercive force. For those who violate the laws and regulations of the state, the state power department can impose punishment on them according to law, so that the majority of citizens are in awe of the law. Morality is a hidden decision-making tool, which mainly enables people to set up what should be done to meet the current moral requirements. Finally, law and morality show differences in implementation time. The law needs to be implemented in accordance with certain steps and provisions, with a certain delay. It is necessary for the actor to have a clear consideration of the corresponding laws before implementation, which is an afterthought and relatively passive. Morality, on the other hand, requires action to be carried out through inner game. Meanwhile, after the action is carried out, public opinion will judge and comment on the event according to social values and public opinions, so as to make timely and effective judgments on relevant events. At the same time, moral constraints occur in people's hearts. Through moral intervention, some people can wake up and change their behavior in time.

The conflict between morality and law focuses on different views on an event. Law is to act in accordance with the rules and regulations formulated by the state. It is judged by law according to the result of this event, which lacks a certain degree of humanistic color. Morality, on the other hand, takes into account the inner thoughts and environment of the characters at that time and has a clear humanistic concern.

Law originates from morality, which is the supplement and perfection of law. We can't completely separate the two, because there's a part of you and a part of me. Law is the most basic morality, and morality is the highest law. We need to fully understand the relationship between morality and law, so that the law is always permeated with the concept of morality. In this way, the law is no longer so procedural, structured, it also reflects the humanistic color. The National People's Congress and the Chinese people's political consultative conference (CPPCC) are convened annually to not only formulate plans for the country's economic development, but also to supplement and improve relevant laws in light of actual conditions. We will make the law better reflect the will of the overwhelming majority of the people and remove negative emotions from society. At the same time, morality is the supplement and perfection of law. It enables the people to form a good social atmosphere, create a good social environment, imperceptibly educate the masses, and promote the harmonious development of society.

Morality and law play their respective roles in different fields and deeply affect people's lives. Law and morality have different jurisdiction space, law has mandatory, it USES coercive means to regulate the people's code of conduct. Morality, on the other hand, emphasizes the indoctrination of the mind and achieves the indoctrination through flexible thinking. In order to effectively regulate people's social activities, maintain social stability and promote social harmonious development, it is necessary to improve the complementary mechanism of law and morality, so that both of them can be organically combined in terms of adjustment scope and means, and supplement and strengthen in content and effect. Only between the two to establish a good interactive relationship, so that our moral more social benefits, at the same time our law also has humanistic care, better for the construction of a harmonious socialist society to play their respective effects.

Moral and legal contradictions and conflicts are reflected in their different positions. We need to make an analysis according to the current development of The Times and explore the root causes of moral and legal contradictions and conflicts. In this way, we can handle the conflict between the two flexibly. Injecting moral ideas into the law and spreading legal norms through morality can not only make the law more characteristic of The Times, but also make legal norms be established in the whole society. Let the broad masses establish the concept of "respecting the law, respecting the law, loving the law and using the law", fully realize that legal construction and moral construction go hand in hand, and fully lay a solid foundation for the realization of a harmonious society.

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