"Friendly" in the core values ​​of socialism，Requires love between people at the citizen level、mutual assistance、Li Jie、tolerance。Article 184 of the Civil Code is a typical example of the integration of "friendly" values ​​into the legal system，It stipulates that "the damage caused by the rescue behavior caused by voluntary emergency assistance，Rescue people do not bear civil liability "。This clause is also known as the "good person terms"，Behind it is the ancient topic of legal and moral relations。Seeing righteousness and other "good people behavior" is praised by morals，Also affirmed by the legal firm，Provide institutional guarantee through the formulation method，Good interaction that can realize legal and morality。

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"The relationship between law and morality" is a long -lasting proposition that runs through ancient, modern, Chinese and Western。The 20th century western legal community conducted in -depth discussions，bet365 best casino games Concentrated in Hart and Fuller、Defulin、In the academic argument of the three of Devkin，involved: whether there is an inevitable connection between law and morality; whether the country has the power to mandate morality; whether the rules mode contains the principle of moral value。China in China more than 2000 years ago，The ancient sons also paid attention to this。For example，"Ritual and Music，The punishment is not the same "(" The Analects of Confucius · Zilu ");，And Dehou is not enough to stop chaos "(" Han Feizi · Xianxue ");，Yin Zhenzi also "(" Spring and Autumn Fanlu · Tian Different People ")。

In essence,，Law and morality belong to the category of upper -level buildings，Generated in human society，High degree of life experience with the community of society。Both are necessary for the country and society，Logical associations in the internal function。On the one hand，Law is the ethics of the text，Moral is the inner law。Law and morality both have a standardized social behavior、Adjusting social relationship、The role of maintaining social order。On the other hand，Legal and moral promotion。Law is the minimum moral，Make sure people abide by the bottom line of Bet365 app download society while promoting moral communication。Of course，Although the law and morality are blended with each other，But the two have natural boundaries，Its functions cannot be replaced by each other。The so -called "law should not force people to do things that are actually impossible"。Legislators can enforce bottom linear morality in the way of obligation，You can also implement noble morality by putting any or rewarding.，But you cannot set the obligations far beyond the bottom linear morality。Therefore，We need to be based on the internal connection of law and morality，In -depth thinking about the limit of moral legislation。

　　Reality of legal moral function

Legislative Council will some important moral requirements、Legalization in principle，and the implementation of national coercive guarantees，Make it transformed from the form of value to real laws。For example，The "Good Samari Law" in the United States and Canada，It is the legal provision for free rescuers。In Contemporary China，Similar terms are Article 184 of the Civil Code。"Volunteer Emergency Rescue Behavior" in this clause，refers to the situation where the actor is rescued by the person who suffers Bet365 lotto review from difficulties，When it includes both suffering from illegal violations，It also includes when personal danger occurs。This regulation reduces the burden and concerns of moral rescue actors，Encourage people dare to dare to、Happy to see righteousness。

On the one hand，Morality legislation causes morality to constitute an important reason for the legitimination of law，provides a beneficial value guidance for the law; on the other hand，Legislation transforms morality into laws，Can better play moral value instructions and coordination functions。In recent years，Many provinces in our country、The city's local area to cultivate and practice the core values ​​of socialism，Guide to promote civilized behavior and stop uncivilized behavior，Formulated a series of "Civilized Behavior Promotion Regulations"。The introduction of these regulations to enhance the degree of social civilization、Promoting social harmony and progress plays a positive role。

　　Moral legal compulsory must be cautious

No doubt，The law is of great significance for the realization of morality，​​But is there a limit to advancing morality (that is, moral legislation) through legislation? bet365 live casino games The argument between Hart and Defulin is around this。This argument makes people realize that legal adjustments are not infinite，There is a relatively large distance between the moral "should" and the legal "should"。Therefore，When we are injecting moral elements into the law，Need to avoid the risk of mandatory law enforcement，Can't legalize all moral obligations。As Ma Ji Buddha said: "The law never involves all the areas of morality。If all moral responsibilities，Try to transform into legal responsibility，That is equivalent to destroying morality。”

General Secretary Xi Jinping pointed out: "Laws and regulations should establish a clear moral orientation，Promoting virtue and righteousness，Legislation、Law Enforcement、Justice must reflect socialist moral requirements，All must penetrate the core values ​​of socialism，Make the rule of law of socialism a good rule of law。"to achieve the goal of" good law and good governance "，We need to realize that legislation and morality must have contact，and legislation will inevitably carry a certain moral function。Based on this，The core values ​​of socialism are properly integrated into the law through moral bet365 best casino games legislation，and transform moral rights and obligations into legal rights and obligations。

But in this process，We also need to be extra cautious，"Difficulties in the law are not strong" —— Law is not moral after all，Moral can not all become laws。should be cautious to distinguish different types of morals，Such as wishful morality and obligation morals，To maintain the necessary moral legislation limit，Otherwise, it will produce "a danger of a moral populism"。Morality legislation must respond to society's demand for moral compulsory in a reasonable and diverse way，and ensure that the moral transformation is transformed into law，Can have good social impact and effect。So，can be a mild、Under the clear legislative idea，Implement the necessary moral legal compulsory in the limited range。

　　(The author is a researcher at the Law of the Law of the Law of the Law of Northwest Normal University)