Traditional Culture Encyclopedia - Traditional customs - The importance of citizen moral construction and legal thinking cultivation

The importance of citizen moral construction and legal thinking cultivation

In the historical process of the development of China’s traditional legal system, moral thought has always played an important role in social regulation. Traditional Chinese Confucian culture has always accompanied the reform and development of the Chinese legal system and constitutes the fundamental idea of ??the Chinese legal system. In the current social context of building a socialist country under the rule of law with Chinese characteristics, building a socialist moral construction system is an inevitable requirement for social development, both in terms of the inheritance of Chinese legal culture and the urgent requirements of modern legal construction.

1. The relationship between the legal system and morality

The relationship between the legal system and morality is one of the social relationships that must be discussed in the process of building a modern country ruled by law. As we all know, the historical origin of the coordinated development of my country's legal system and moral construction can be traced back to the relationship between legal system and morality. The debate between the rule of virtue and the rule of law has been ongoing since the birth of the ancient Chinese state. Among ancient Chinese thinkers, Confucius, the founder of Confucianism, advocated that law must be based on morality. Law is regarded as the minimum morality that regulates human social relations. Standards and morals are social adjustment means that transcend the law. "Benevolence" is the core idea of ??ancient Chinese Confucianism. Confucianism has a long history of influence on the development of our country's society, so our country's ancient laws have very strong moral and ethical characteristics. There is no clear boundary between law and morality, and even some purely moral requirements are stipulated in the law. , requiring people to comply. [1] Therefore, due to the rich Confucian cultural accumulation over thousands of years, the infusion of moral thoughts is indispensable in the process of building a socialist legal system with modern characteristics in my country. This is an inevitable factor in social development. In modern times, legality and morality are inseparable. The two influence and coordinate each other. On the one hand, social moral factors are stipulated by the law in principled or normative standards, making the law closer to people's moral thoughts, thus making the law closer to people's real life, easier to be accepted by society, and accelerating the improvement of people's rule of law. Thought. On the other hand, the strengthening of people's legal thoughts in modern society has prompted changes in some views and standards in traditional moral thoughts, allowing people to establish a modern socialist moral outlook, thereby accelerating the development of modern socialist moral thoughts. Of course, in actual social life, the conflict between the legal system and morality is inevitable. However, in the context of building a modern socialist country under the rule of law and the widespread publicity of rule of law ideas, law often becomes the final means of social adjustment. The society of law Functionality is better than morality. This kind of thinking can easily lead people to emphasize the regulatory function of the legal system and ignore the regulatory function of morality.

Legalism and morality are inseparable and indispensable at any stage of the development of human society. In the process of building a modern society under the rule of law, strengthening social moral construction is an inevitable need for social development. Without the constraints of social moral standards, it is impossible to achieve a society under the rule of law.

2. Moral construction and socialist market economy construction

Building a socialist market economy with Chinese characteristics is a necessary stage for the current social and economic development of our country. The socialist market economy with Chinese characteristics includes two aspects: first, the components of the market economy. Second, the elements of socialism. [2] First of all, as a market economy, it is first of all a human behavior. The development and growth of a market economy cannot be separated from the decisive factor of human beings. Market economy is not only a legal economy, it is also a moral economy. Human behavior itself cannot be completely regulated by law. A considerable part of human behavior cannot be regulated by law, such as human thought behavior and cognitive behavior. Therefore, a market economy with people as the main body cannot fully and effectively exert the functions of the market economy if it is completely adjusted by legal norms. Secondly, the construction of a socialist market economy is a market economy produced under the socialist system. This market economy itself has socialist attributes, and its ultimate purpose is to serve the development of socialism. As an integral part of the construction of socialism with Chinese characteristics, moral construction has been widely accepted by society. Under these conditions, the development of market economy is inseparable from the construction of a moral system. Finally, the market economy is the economic foundation, and social morality belongs to the superstructure. The economic base determines the superstructure, and the superstructure reacts on the economic base. The characteristics of the market economy also determine that its development is inseparable from the construction of social morality itself. The market economy is a social economy between people. The human attributes and social attributes of the market economy determine that it contains indispensable moral factors, which cannot be adjusted by law. The development of market economy determines the inevitable existence of moral construction. On the other hand, moral construction is an indispensable part of the superstructure, which will inevitably react on the market economy and directly or indirectly determine the development environment and speed of the market economy. A good social and moral environment will certainly actively promote the development of the market economy.

3. The development of moral construction

Moral construction is the foundation of social development and the final means of social adjustment. The ultimate goal of the development of a socialist society is the realization of communism. Communism is an ideal living state in which classes and exploitation are eliminated, there is no state and government, society is extremely rich in material, and the means of production and living are distributed on demand.

[3] According to our scientific definition of communism, we can conclude that the development status of a communist society is higher than that of a society governed by the rule of law. In a communist society, the disappearance of the state and government directly Leading to the failure of the law as a social regulation tool, it is only social moral factors that ultimately complete the social regulation function. The advanced stage of socialism and communist society should both be a state of great development of social moral ideas. The improvement of people's personal and social overall moral qualities is an important determinant of social development. Therefore, from the perspective of the historical development direction of human society, moral construction is an inevitable trend of social development and an important link in the development of modern society.