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立法、执法两者和守法之间存在着不合情理的矛盾,原因在于法律本身和道德的脱节,以及道德本身没有得到应有的重视。道德一定程度上和西方自然法存在重叠,但是具有更为宽广的含义,对于守法的作用而言,其改变人们对于法律的认识;让法律细化到人们的日常生活;补充法律的漏洞。本文认为要使法律在道德的基础上得到良好的遵守,一方面需要让立法和执法与道德很好的结合;另一方面需要提高道德地位,给予道德足够的重视。
Legislation, law enforcement and abiding by the law there is an unconscionable conflict between the law itself and the moral disengagement, as well as the moral itself has not received due attention. To some extent, morality overlaps with Western natural law, but it has a broader meaning. For the role of law-abiding, it changes people’s understanding of the law; makes law go down to people’s daily life; and complements legal loopholes. This paper argues that for the law to be well respected on the basis of morality, on the one hand, it is necessary to make the combination of legislation and law enforcement and morality well; on the other hand, it is necessary to raise moral status and give enough moral attention.