“Friendliness” in the core values of socialism,Require kindness between people at the civil level、Mutual assistance、Courtesy、Tolerance。Article 184 of the Civil Code is a typical example of the integration of "friendly" values into the legal system,It stipulates that “those who cause harm to the recipient due to voluntary emergency relief acts,The rescuer does not bear civil liability”。This clause is also known as the "good guy clause",Behind this is the ancient topic of the relationship between law and bet365 mobile。Being brave and other "good people's actions" are morally praised,Also recognized by law,Provide institutional guarantees through statutory laws,Can achieve good interaction between law and bet365 mobile。
General relationship between law and bet365 mobile
"The relationship between law and bet365 mobile" is a long-standing proposition throughout ancient and modern China and the West。In the 20th century, Western legal circles conducted in-depth discussions on this issue,Concentrated on Hart and Fuller、Defulin、In the academic debate between Dworkin and the three,Involving respectively: whether there is an inevitable connection between law and bet365 mobile;Does the state have the power to enforce bet365 mobile;Whether the rule model contains moral value principles。In China more than 2000 years ago,Ancient scholars also paid attention to this。For example,“Rites and music are not popular,The punishment will not be met” ("The Analects of Confucius·Zilu");“Power can prohibit violence,But virtue is not enough to stop chaos" ("Han Feizi Xianxue");"The torturer is assisted by virtue,Yin is the help of Yang” ("Spring and Autumn Fan Lu·Heaven Discriminates in Man")。
In essence,Law and bet365 mobile both belong to the category of superstructure,Generated in human society,Highly related to the life experience of the social community。Both are necessary for the country and society,There is an inherent functional logical connection。On the one hand,Law is written bet365 mobile,bet365 mobile is the law of the heart。Both law and bet365 mobile regulate social behavior、Adjust social relations、The role of maintaining social order。On the other hand,Law and bet365 mobile promote each other。Law is the minimum bet365 mobile,Ensuring that people abide by social bottom lines also promotes the spread of bet365 mobile。Of course,Although law and bet365 mobile are integrated into each other,But there are natural boundaries between the two,Their functions cannot be replaced by each other。As the saying goes, "The law should not force people to do things that are actually impossible"。Legislators can enforce bottom-line morals through obligations,High morals can also be promoted through indulgence or rewards,But you cannot set obligations that far exceed the bottom line of sexual bet365 mobile。Therefore,We need to build on the inherent connection between law and bet365 mobile,Think deeply about the limits of moral legislation。
Realization of legal and bet365 mobile functions
The Legislative Council has some important bet365 mobile requirements、Legalization of principles,And ensure its realization with state coercive force,Transform it from a value concept into a positive legal norm。For example,Good Samaritan Laws in the United States and Canada,This is the legal provision that exempts free rescuers from liability。In contemporary China,A similar provision is Article 184 of the Civil Code。“Voluntary implementation of emergency rescue acts” in this article,Refers to the situation where the perpetrator provides rescue to those who are in difficulty in an emergency,Including when it suffers illegal infringement,Also includes when personal crisis occurs。This provision reduces the burden and concerns of bet365 mobile rescue actors,Encourage people to dare、Being willing to do what is right and brave。
On the one hand,Moral legislation makes bet365 mobile an important reason for legal justification,Provides useful value guidance for the law;On the other hand,After legislation transforms bet365 mobile into law,Can better exert the value indication and coordination function of bet365 mobile。In recent years,Many provinces in our country、In order to cultivate and practice socialist core values,Guide and promote civilized behavior and stop uncivilized behavior,Developed a series of "Civilized Behavior Promotion Regulations"。The introduction of these regulations will help improve the level of social civilization、Playing a positive role in promoting social harmony and progress。
Be careful when enforcing bet365 mobile laws
Without a doubt,Law is of great significance to the realization of bet365 mobile,But is there a limit to promoting bet365 mobile through legislation (ie, moral legislation)?The debate between Hart and Devlin revolves around this。This debate makes people realize that the law's adjustment of immoral behavior is not unlimited,There is still a relatively large distance between the moral "should" and the legal "should"。Therefore,When we inject moral elements into the law,Need to avoid the risk of legal enforcement of morals,Cannot legalize all moral obligations。As Ma Jifo said: "The law does not and cannot involve all areas of bet365 mobile。If all moral responsibilities are taken away,Perform responsibilities transformed into legal obligations,That would be tantamount to destroying bet365 mobile。”
General Secretary Xi Jinping pointed out: “Laws and regulations must establish a clear moral orientation,Promote virtue and righteousness,Legislation、Law Enforcement、The judiciary must reflect the requirements of socialist bet365 mobile,We must integrate the core values of socialism,Make socialist rule of law into good law and good governance。”In order to achieve the goal of “good laws and good governance”,We need to realize that legislation and bet365 mobile are inevitably connected,And legislation must carry certain moral functions。On this basis,Properly integrate socialist core values into the law through moral legislation,And transform moral rights and obligations into legal rights and obligations。
But in the process,We also need to be extra cautious,“The law does not force others to do something difficult” - the law is not bet365 mobile after all,bet365 mobile cannot become law。Care should be taken to distinguish between different types of bet365 mobile,Such as desire bet365 mobile and obligation bet365 mobile, etc.,To maintain necessary ethical legislative limits,Otherwise there will be a “danger of a moral populism”。Moral legislation must respond to society’s needs for moral coercion in a reasonable and diverse way,And ensure that bet365 mobile is transformed into law,Can produce good social impact and effects。So,In a gentle way、With clear legislative ideas,Implementing necessary moral legal enforcement within a limited scope。
(The author is a researcher at the Research Center of Rule of bet365 mobile Leading and Promoting Gansu Reform and Development at Northwest Normal University)
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