The 20th National Congress of the Communist Party of China clearly proposes: "Adhere to the combination of governing the country according to law and morality，Integrate the core values ​​of socialism into the construction of the rule of law、Integrated into social development、Incorporate daily life。"This is a highly concentrated expression of Xi Jinping's thinking of the rule of law。General Secretary Xi Jinping also pointed out: "Law is the morality of the bottom line，It is also a moral guarantee。The law is effectively implemented depends on moral support，Moral practice is also inseparable from legal constraints。"Modern society is becoming more and more towns strangers society，In particular, this is especially the case in big cities，Moral concepts are getting more and more diversified，This also greatly reduces the binding force of morality，The scope of the legal regulation of the law is getting larger and larger。Discuss the moral plastic function of the legal in the society of strangers，It has important theoretical value and practical value for the correct understanding of the relationship between the rule of law and the rule of the country of morality。

If it is in a acquaintance society，Morality is the basis of the law，And morals can solve many problems that cannot be solved by laws，So in a stranger society，This situation has undergone a profound change。Nearly 80 years ago，Fei Xiaotong pointed bet365 best casino games out very clearly: "In the rapid change of our society，In the process of entering modern society from local society，The lifestyle we developed in the local society has produced disadvantages everywhere。Modern society composed of strangers cannot cope with the customs of local society。"If Fei Xiaotong is just saying this, it is just a prediction of China's future social conditions，So in the current stranger society, it has become a reality。With the transformation of industrialization and the rise of the market economy，China's population starts to flow sharply，The scale of the city is constantly expanding，China has entered a stranger society in reversely。The modernization process destroys the foundation of acquaintance society，It also destroyed the value basis with the traditional moral system as the core of acquaintance society。A very important feature of a stranger society is the incompetentity of moral standards，Because the individual of singleization can no longer have a common moral concept，American scholar Engel Hart uses the concept of "moral aliens" to characterize the incompetentness of this moral standards。"The large -scale society created by moral foreign people cannot become such a community: people find the full significance of moral life，Understand true unity，or beyond the disorders of individualism without content。"" Modern Hope has always tried to discover a standard、Ethics full of content。This morality is not only procedural，and should be a moral alien person，It is a member of the different moral communities，With binding force。”

In order to solve the Bet365 app download hollow problem of moral order in strangers in the society of strangers，Some scholars have proposed the use of flexible social governance to reintermine and construct moral community、The value basis for constructing a social order of strangers，To achieve the healthy social operation and coordinated development。The so -called flexible governance is "the ruling party、The government and other social subjects use non -murmical means，Guide the values ​​and behavior of guiding social members，The process and activity of man -centered governance "。strengthening the core values ​​of socialism is an important means of flexible governance。The question lies in，The above means just hope to strengthen morality through morals，But in the society of strangers, the above functions can no longer be achieved by morality。So，The meaning of the law is highlighted。The moral plastic function of the law is not to create a society that is not available through the law，or the moral concept that the vast majority cannot accept，Instead, strengthen the moral concept that a society should have through the law。

In Western society, it has been forced to generate excessive arguments on whether morality can be forced through law。Agels think，Society is the community of concepts，As seamless network，Damage is essential for public ethics that may cause the community to move towards it，If it is necessary to admit that public morality is necessary to society，It is necessary to support the use of laws for compulsory to maintain public ethics。Opponents think，To compulsory morality through the law, it will cause social Bet365 lotto review disintegration to exaggerate its words，And this view will lead to terrible moral parentalism。But the agreed person insists that you only need to acknowledge the society，Can't deny public ethics，It must be at the cost of legal restraint。Because the above arguments mainly focus on whether gay behavior should be performed around，The legal principle of criminal punishment is the principle recognized by modern society，This makes the moral law forced to obtain consensus in Western society。If you expand your vision to the civil field，We will find that the moral plastic function of the law has special value，And this view is particularly suitable for growth in China。

The 18th National Congress of the Communist Party of China proposed to actively cultivate the core values ​​of socialism，The impact of the core values ​​of socialism on the construction of the rule of law is gradually deepened，The prominent performance is that in the first Article of the Civil Code, it will promote the core values ​​of socialism as the legislative purpose。This is a model that shows the inherent system of the value concept，Represents an advanced legislative technology。After the "Civil Code" takes effect，The Supreme People's Court promulgated the "Guidance Opinions on the Integrated Promoting Socialist Core Value Integration Entering the Referendum Classics and Demonstrations"，This opinion is mainly aimed at the court's trial practice，In the methodology, guide judges to integrate socialist core values ​​into the reasoning process of specific referees，Therefore, to continuously strengthen the guidance of the core bet365 Play online games bet365 live casino games values ​​of socialism。Socialist core values ​​are integrated into the referee text and interpretation method.，And there are different functions。

Traditional theory thinks，The inherent value system represented by the basic principles of civil law only has the filling function of legal loopholes，But the Supreme People's Court considers，Whether it is a standardized legal document，Still irregular legal documents，The core values ​​of socialism will have an important role in the interpretation of the referee documents。On the occasion of standardized legal documents，The court's use of socialist core values ​​can enhance the reasonable role，At the same time, the court also shows the core values ​​advocated by the country through the specific judgment。For example，In the "Zhengzhou Elevator Smoke Case" that attracted widespread attention，Yang advised Duanmou not to smoke in the elevator，After the conflict of words，Duan's death due to heart disease。The court of first instance decided that Yang was a fair division of losses of 15,000 yuan，The court of second instance believes that the first instance judgment violates the public interest of social，Therefore, it is judged that Yang does not need to bear the liability for damage compensation。The reason is that Yang's persuasion of the smoke shows the value of civilization，If you judge that he assumes infringement liability，It will cause ordinary people to dare not implement behaviors that are conducive to society，Contrary to the core bet365 Play online games bet365 live casino games values ​​of socialism。The so -called fairness is not a tool for courts Bet365 app download and mud，Not "who has no trouble，Must be compensated if you die "，We must judge fairness in the core values ​​of socialism -。

On the occasion of irregular legal documents，The court's use of socialist core values ​​can fill legal loopholes on the one hand，On the other hand, you can also shape the core values ​​advocated by the state through specific judgments。For example，my country's "Civil Code" does not stipulate the right to exploration，But the case is endless。In a case that occurred in Chongqing，Son's suicide death，Grandpa asked to visit the grandson，Daughter -in -law disagree。Civilization based on the core values ​​of socialism、Harmony、Friendly equivalent value，Interpretation of the principle of public order and good customs specified in Article 8 of the Civil Code，I believe that supporting my grandparents to visit the grandson in line with the traditional virtues and socialist core values ​​of the Chinese nation，The final judgment grandparents have the right to visit，The obligation of cooperation with daughter -in -law。

In a typical case of promoting the core values ​​of socialism in the Supreme People's Court and local courts at all levels，Some cases in the case directly use the core values ​​of socialism to enhance the referee the referee or fill the legal loopholes，Some cases in the case did not directly use the core values ​​of socialism，Instead, it is thought that the court has promoted the specific judgment，That is, it shaped a certain socialist core values。The above judicial practice provides a very good sample for properly solving the problem of the moral order of strangers society。

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(Author Unit: Suzhou Urban College; Wang Jian Law College of Suzhou University)