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法律和道德作为上层建筑组成部分,在国家治理和社会治理中都有独特的地位和功能。二者的关系是辩证的。在全民推行依法治国的潮流下,以德治也不能缺位,将德治国法治国密切结合,是全面推进依法治国的内在要求。同时,全面推进依法治国也对司法者、裁判者提出了更高的要求,他们在有扎实的法学功底的同时,还需要具备丰富的生活经验和社会阅历以及长期的司法实践经验。同样的,依法治国对普通公民知法、懂法、守法的法律意识也提出了更高要求。
As a part of the superstructure, law and morality have unique status and function in both state and social governance. The relationship between the two is dialectical. Under the general trend of implementing the principle of ruling the country by law, the rule of virtue can not be absent. The close combination of governing the country with the rule of law and the rule of law are the intrinsic requirements for comprehensively promoting the principle of governing the country according to law. At the same time, comprehensively pushing forward the principle of governing the country according to law has also set higher demands on the judiciary and the judiciary. While they have a solid legal foundation, they also need rich experience in life, social experience and long-term judicial practice. In the same way, the legal awareness of law-abiding citizens, understanding law and abiding by laws governing the country according to law has also set higher demands.