Law secures the world and nourishes people's hearts - How to understand the combination of adhering to governing the country by law and governing the country by virtue
The relationship between law and morality has been an eternal topic throughout the ages. They are different but inseparable. They are both indispensable and important means for national governance and social operation. The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China proposed to adhere to the combination of governing the country by law and governing the country by virtue, emphasizing that this is an important principle that must be followed to comprehensively promote the governance of the country by law. Today, when we build a socialist country under the rule of law, we must implement and implement this important principle, insist on focusing on the rule of law with one hand, and the rule of morality with the other, so that law and morality complement each other, and the rule of law and the rule of morality complement each other.
1. What do you think of the relationship between the rule of law and the rule of virtue?
“Small wisdom governs affairs, medium wisdom employs people, and great wisdom legislates.” Throughout the ages, the rule of law has been an indispensable and important means of governing the country. When the rule of law is valued and the rule of law is prosperous, the country will be peaceful and the people are safe; when the rule of law is ignored and the rule of law is lax, the country will be in chaos and the people will be resentful. Today, governing the country according to law has become the basic strategy for our party to lead the people in governing the country, and governing according to the law has become the basic way for the party to govern the country. Our determination to build a China ruled by law is unwavering.
But at the same time, we must also realize that the law is not omnipotent, and the rule of law alone is not enough. Law is written morality, and morality is inner law. The effective implementation of the law relies on the support of morality, and the conscious practice of morality cannot be separated from the strong restraint of the law; morality can play a role in areas where the law is difficult to regulate, and the law can punish behaviors where morality cannot restrain it. It can be seen that the rule of law and the rule of morality are like the two wheels of a car and the two wings of a bird. They cannot be neglected. National and social governance requires the coordinated efforts of law and morality, and requires both the rule of law and the rule of virtue.
Adhering to the combination of the rule of law and the rule of virtue is a profound summary of the experience of governing the country in ancient and modern times, both at home and abroad. Our country has both a long legal tradition and a profound moral heritage. From Confucius's suggestion of "combining generosity with force", to Mencius' suggestion that "being kind is not enough to govern, and using laws cannot be done by oneself"; from Xunzi's suggestion of "longing rituals and emphasizing laws" to Dong Zhongshu in the Han Dynasty emphasizing that "yang is virtue and yin is punishment" ; From the Tang Dynasty, it was proposed to "make rituals to show reverence, and to establish punishments to show authority", to the Song, Yuan, Ming and Qing dynasties, it continued to govern by virtue and law, which all reflected the way of governing the country by combining the rule of virtue and the rule of law. From a global perspective, most countries with relatively effective social governance adhere to the rule of law as the basic principle of governing the country, and at the same time focus on using morality to regulate people's behavior.
Adhering to the combination of the rule of law and the rule of virtue is a major advantage of the socialist rule of law with Chinese characteristics. After long-term practice and exploration, we have blazed our own path towards the rule of law and made historic achievements in the construction of the rule of law. This path of the rule of law is very rich in connotation. One of the important aspects is to adhere to the rule of law and the rule of morality with both hands. Based on the present and facing the future, we must implement the basic strategy of governing the country according to law. The most important thing is to adhere to our own path of rule of law and give full play to the distinctive features and outstanding advantages of this path. This requires us to better adhere to the combination of governing the country by law and governing the country by virtue, and effectively promote the construction of the rule of law based on the rule of virtue and the construction of the rule of virtue guaranteed by the rule of law.
Adhering to the combination of the rule of law and the rule of morality is also an urgent requirement of reality. At present, our country's reform and development has entered a critical stage. To cope with unprecedented conflicts, risks and challenges, we must fundamentally promote the rule of law in an all-round way. We should be soberly aware that there are still many incompatible and inconsistent problems in the construction of our country's rule of law. To solve these problems, it is not enough to talk about the rule of law alone. We must focus on the overall situation and make systematic plans, especially based on our country's historical traditions and current national conditions. Attention should be paid to strengthening moral education and ideological guidance, focusing on cultivating people's legal beliefs and concepts of the rule of law, and creating a cultural environment in which the whole society establishes, respects and abides by rules, so that law and morality can play a simultaneous role in the governance of the country and society.
Micro Comment
◆ The rule of law and the rule of morality complement each other. Talking about the rule of law without the rule of virtue is like a person who lacks spiritual support. He has only a skeleton but no connotation.
◆ Law and morality, one is a hard constraint and the other is a soft constraint, one is external heteronomy and the other is inner self-discipline, but the two are internally consistent.
◆ Governing the country by law is externalized in actions, while 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
Question: What does "Being kind is not enough to govern, and being able to follow the law cannot be done by oneself" means?
Answer: This sentence comes from "Mencius Li Lou Shang", which means: Good virtue alone is not enough to handle the government affairs of the country, and laws and regulations alone cannot make themselves effective. It means that governing the country must combine good governance with the execution of laws.
Question: What does "If those who follow the law are strong, the country will be strong, and if those who follow the law are weak, the country will be weak" means?
Answer: This sentence comes from "Han Feizi·Youdu", which means: if those who enforce the law are resolute, the country will be rich and strong; if those who enforce the law are weak, the country will be poor and weak. It shows that acting in accordance with the law is the guarantee of a strong country. If the law is not followed or enforcement is not strict, it will be difficult for the country to govern well.
Voice
Make the coupling of law and morality into a powerful "combination punch"
Li Zhongjie (Deputy Director of the Central Party History Research Office): Legal norms must have The foundation of morality is based on certain value standards; and moral norms, under certain conditions, may be upgraded to a legal system to strengthen the strength of their norms. The legal system is a hard constraint, while morality is a soft constraint. In many social fields, both hard and soft constraints are needed. Hard constraints use external coercive force to regulate behavior, while soft constraints focus on solving people's ideological and conceptual problems. Laws and ethics must be coordinated together to achieve good results.
2. 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 my country. Closely related to this, Zhangjiagang is also one of the first county-level cities to be rated as a national civilized city. As early as 20 years ago, this place was famous throughout the country for its achievements in spiritual civilization construction. The long-term infiltration of civilization has cultivated the city's rule of law culture and nurtured the rule of law spirit of Zhangjiagang people.
The practice in Zhangjiagang vividly illustrates that morality is the source of living water for cultivating the spirit of rule of law. The law relies on morality to be recognized and followed. When a person's moral consciousness improves, he will inevitably respect and abide by the law. When the moral level of the whole society improves, the construction of the rule of law will have a solid foundation. To adhere to the combination of governing the country by law and governing the country by virtue, we must attach great importance to the enlightening role of morality, improve the level of civilization in the entire society, and create a good humanistic environment for the implementation of the rule of law.
Reflect the requirements of the rule of law in the moral system. The first word of my country's 20-word basic moral code for citizens is "patriotism and law-abiding"; the 24-word socialist core values, "rule of law" are prominently listed; the socialist concept of honor and disgrace with "eight honors and eight disgraces" as the main content is an important Xiang means "taking pride in obeying the law and being ashamed of violating the law." It can be seen that abiding by the law is not only a legal obligation, but also an important moral requirement. It is necessary to continue to improve the socialist ideological and moral system to better connect and coordinate with socialist legal norms. Professional ethics codes in various industries, citizen covenants, township regulations and student codes of conduct in various places should highlight respecting the law and abiding by the law as an important content, and strengthen people's concept and awareness of the rule of law.
Highlight the connotation of the rule of law in moral education. Moral education is the process of teaching people to seek truth, persuading people to be good, and encouraging people to appreciate beauty. It is also an important channel for cultivating the spirit of the rule of law. It is necessary to implement the citizen moral construction project in depth and strengthen the construction of social morality, professional ethics, family virtues, and personal morality. In this process, in particular, in view of the situation in our country where human relationships are thick and the awareness of rules is weak, we must focus on 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.
Conservate the spirit of rule of law in cultural inheritance. The thousands of years of long and profound Chinese culture contains rich moral resources and rich legal thoughts. It is an important source for us to cultivate the spirit of the rule of law today. We should vigorously promote the excellent traditional Chinese culture, deeply explore the essence of its thoughts such as "law-based", "law-based governance", "penalty has no hierarchy", "law is not noble", "noble and low, both high and low are all subject to the law", and make Good creative transformation and innovative development so that it can flourish under the conditions of the new era.
Promote the practice of the rule of law in the creation of civilization. Morality is important in practice, and the rule of law is also important in practice. The best education in morality and the rule of law is to feel the power of morality and the rule of law in daily life and in concrete practice, and to establish the idea of ??advocating morality and respecting the law. It is necessary to incorporate legal cultural activities into the creation of mass spiritual civilization, and extensively carry out volunteer services with themes such as legal aid and legal popularization, so that people can be influenced by the rule of law and enhance their awareness of the rule of law in a variety of activities.
Guide people to actively participate in law-based governance at the grassroots level such as villages, communities, and enterprises, actively participate in public administration, and protect their own rights and interests in accordance with the law, so that the seeds of the rule of law can take root in people's hearts and bear fruit throughout society.
Three ways to implement moral requirements into the construction of the rule of law
On November 21, 2013, Cheng Bin, a taxi driver in Yangzhou, Jiangsu Province, found someone on the side of the road who was injured and unconscious due to a car accident, and immediately drove him into the car. Rushed to hospital. Along the way, he ran through 7 red lights in a row, gaining valuable rescue time for the injured. While people praised his righteous deed, they were also concerned about whether he would be punished for running a red light. The traffic police department said that in accordance with the current laws and regulations on road safety, speeding, running red lights and other behaviors 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. Preventing good people from suffering reflects the legal protection and encouragement of helping others.
We often say that legal principles are nothing more than human feelings; there are also legal proverbs in the West that say: "Within the law, there should be natural principles and human feelings." Laws generally embody moral judgments and moral orientations. Only when the people's moral will is in line with social order and good customs can the law be believed in and obeyed by people. Therefore, regardless of legislation, law enforcement, or judiciary, they should reflect the requirements of advanced socialist ethics, and should incorporate socialist core values ??throughout them, so that socialist rule of law becomes "good law" and "good governance."
Legislation must establish good laws. Moral concepts are an important source of legal norms. Since ancient times, various countries have generally elevated basic moral norms and important public order and good customs in society into laws through legislative procedures. my country's newly revised Law on the Protection of the Rights and Interests of the Elderly in 2013 officially included in the law "frequent home visits" for children, which reflects the traditional virtues of the Chinese nation of filial piety and love for relatives. However, there are also some specific provisions and contents of some laws and regulations that are incoherent, inconsistent or even contrary to the requirements of socialist ethics and core values. In the process of improving the legal system, coordination and connection with morality should be strengthened, and moral requirements that are widely recognized, relatively mature, and highly operational in practice should be upgraded to legal norms in a timely manner. We should also pay attention to the assessment of the moral effects and moral risks of the law, and promptly abolish or modify laws and regulations that violate moral requirements, so that the legal system can better demonstrate the power of morality.
Law enforcement must be upright. Law enforcement is not only a legal act, but also reflects a clear moral orientation. Strict and fair law enforcement is a defense of the dignity of the law and a promotion of advanced morality; while lax and unfair law enforcement is a disregard for the dignity of the law, condoning evil deeds and derogating virtue. It is necessary to use law enforcement actions to give full play to the social function of the rule of law to strengthen the righteous and eliminate evil, stimulate the turbid and promote the pure, and promote the promotion of cleanliness and righteousness. Law enforcement must be strict and fair, and behaviors that infringe on public interests, people's rights and social order must be promptly punished and curbed, and the truth, goodness and beauty must be promoted, and falsehood, evil and ugliness must be cracked down on. Law enforcement must be civilized and standardized, reflect humanistic care, comply with legal standards and ethical standards, be well-founded in law and reasonable, prevent rough and barbaric law enforcement, and give law enforcement activities a solid moral foundation.
Judiciary must distinguish between good and evil. Judicial judgment best reflects the function of the law in punishing evil and promoting good. We must uphold fair justice and sanction and punish various illegal and criminal acts in accordance with the law, so that people can feel fairness and justice in every judicial case, and feel that good will be rewarded with good and evil will be punished with evil. In many cases, the law can only make principled provisions, but in judicial practice, various specific situations will be encountered, which requires judicial personnel to correctly exercise their discretion and make fair and reasonable rulings in accordance with the requirements of the core socialist values. It truly has the effect of guiding society towards good. It is necessary to increase judicial transparency, strengthen supervision of judicial activities, resolutely punish judicial corruption, better protect fairness and justice, and promote virtue and good deeds.
Link
The newly revised Law on the Protection of the Rights and Interests of the Elderly fully embodies moral care
On July 1, 2013, the newly revised Law on the Protection of the Rights and Interests of the Elderly was officially Implementation. This revision highlights the role of moral care and spiritual support. For example, Article 14 stipulates: “Supporters shall fulfill their obligations to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. "Article 18 stipulates: "Family members should care about the spiritual needs of the elderly and must not ignore or neglect the elderly. Family members who live separately from the elderly should frequently visit or greet the elderly in accordance with relevant national regulations. The right of a dependent to visit relatives and leave.
"These articles embody the traditional virtues of the Chinese nation of respecting, caring for, and helping the elderly, and promote the social civilization of "old people, old people, and old people," and have received great attention and heartfelt support from the elderly and thousands of families.
Four. How to use the rule of law to solve outstanding issues in the field of morality
In January 2014, the Central Civilization Office, the Supreme People's Court, the Ministry of Public Security and other departments jointly signed the "" "Building Integrity and Punishing Distrust" Memorandum of Cooperation. This memorandum, in accordance with relevant laws and regulations, introduces a number of credit punishment measures for those subject to enforcement for breach of trust, such as bans on taking planes and trains, restrictions on loans or credit cards, and prohibition of serving as corporate executives. etc. This rule of law measure effectively suppresses the living space of "lao Lai" and makes them pay for their dishonest behavior. It also effectively promotes the ethics of honesty and trustworthiness. This shows that the rule of law is an effective way to protect and promote moral construction.
Morality is a flexible self-awareness, derived from the inspiration of people's conscience. However, for people who lack moral consciousness, moral education can easily become weak in the face of all kinds of profit temptations and bad ideas. Due to the impact of the epidemic, the moral defenses of some members of society have collapsed, and immoral behaviors have occurred frequently. The people have reacted strongly to those ugly behaviors that violate morals and arouse public outrage. Moral education and questioning of conscience are no longer enough. , we must use legal means to govern, punish and restrain those who fail to behave, and severely crack down on those who violate the law.
Clear the rules and draw the bottom line of behavior. Without rules, there is no bottom line. Morality is also a moral barrier. We should pay attention to upgrading some basic moral norms into legal norms, so that people can clearly know what can and cannot be done, and we should clarify the punishment measures for unethical behavior to shake morals. In order to promote the formation of a good social atmosphere, we must promptly establish a credit reporting system that covers the whole society, improve the credit records of citizens and organizations, and improve the reward mechanism for law-abiding integrity and illegal and untrustworthy behavior. The punishment mechanism makes everyone dare not break trust and cannot break trust, and it creates a warning effect. Confucius said: "If you don't change it, you can't follow it, and you will harm the righteousness and corrupt the custom." It's torture. "This means that those who do not change after being taught, who do not obey after being taught, and who harm morals and corrupt practices, must be punished by law. We must continue to carry out in-depth special management of outstanding issues in the moral field, and strengthen the supervision of misconducts that have strong social responses." To rectify ethical behavior, we must provide persuasion and punishment in accordance with laws and regulations. For serious unscrupulous behavior in the fields of food and medicine and the production and sale of counterfeit goods, we must increase law enforcement, strengthen daily supervision, and investigate and deal with serious crimes. It is important to make the criminals punished and pay a high price, so as to serve as a warning and education to the whole society. As the saying goes, good people are rewarded. Sometimes good people suffer, bleed, and shed tears. If things go on like this, it will definitely chill the hearts of good people and the whole society. We often see reports of old people falling and passers-by afraid to help them, which illustrates this problem. We must establish a clear moral orientation to ensure that good deeds will be rewarded and kindness will be repaid. Most of the provinces, autonomous regions and municipalities in my country have also formulated policies and regulations to reward and protect the courageous actions of others. The "Regulations on the Protection of the Rights and Interests of Rescuers in the Shenzhen Special Economic Zone" have also been formulated to provide legal protection for good people. It is necessary to continue to improve laws and regulations in this area, resolve the moral risks of good people, protect the legitimate rights and interests of good people, praise the moral behavior of good people, and guide the whole society. Advocating virtue and doing good.
Law secures the world and virtue nourishes the people. For thousands of years, the topic of law and morality has continued to grow. Today, the sun of the rule of law shines and the breeze of morality blows. , the road to pursuing dreams for everyone and the entire nation will be brighter and smoother
Questions and Answers
Q: What is the credit reporting system?
Answer: The credit reporting system is a professional, independent third-party institution that establishes credit files and basic databases, collects credit information of enterprises, institutions and other organizations and individuals in accordance with the law, and provides credit reports to credit users in accordance with the law. System. In 2006, the People's Bank of China established a national centralized and unified basic financial credit information database (ie, corporate and personal credit information system).
As of the end of June 2014, the credit reporting system had included more than 19.4 million legal persons, with an average of 270,000 inquiries per day in the first half of the year; and 850 million natural persons, with an average of 1.06 million inquiries per day in the first half of the year. In 2014, the loan business of e-commerce platforms represented by Alibaba realized access to the central bank’s credit reporting system.