Abstract:Concepts such as “rule of morality”, “rule of law” , “rule by law”, and “rule the country by morality” should be clarified. “Rule of morality” can be interpreted in broad and narrow sense, and there are traditional and modern “rule of morality”. “Rule of law” is not equal to the legal system. It is a concept opposite to the rule of men, referring to political methods rather than ruling methods (ruling operation). Rule of law is after all the product of modern society. It is a kind of ideal and political mode of democracy, a political ideal and system opposite to autocracy and dictatorship. The relationship between morality and law cannot simply be translated into the relationship between rule of morality and the rule of law. Legalization of morality and moralization of law both have limitations as there are deviation both in logic and theory in these two propositions and they are risky in practice. The proposition that morality and law interact and support each other covers reasonable elements in the two propositions of “legalization of morality” and “moralization of law”. Social transformation and the major conflicts in the modernization of China’s state governance determines the leading position of rule of law. Legalization of state governance is the landmark in state governance modernization. Only when we adhere to integration of rule of morality with rule of law dominated by rule of law under the leadership of CPC can we actually create a healthy ecological environment for current China’s state governance.
邹海贵. 国家治理生态:以法治为主导的“德法合治”——兼与戴茂堂、余达淮两位教授商榷[J]. 《深圳大学学报》(人文社科版), 2018, 35(2): 73-81.
ZOU Hai-gui. State Governance Ecology: Combination Rule of Morality and Law Dominated by Rule of Law: Consulting with Prof. DAI Mao-tang and Prof.YU Da-huai. , 2018, 35(2): 73-81.