摘要
在推进社会主义法治文化建设的进程中,必须坚持依法治国与以德治国相结合、"法主德辅"的原则。依法治国和以德治国的关系,实质上是法律与道德、法治与德治的关系。在法理学和伦理哲学看来,法律与道德存在三种基本关系:道德的法律化、道德的非法律化、某些道德要求既可以法律化也可以非法律化。法律与道德、法治与德治存在诸多区别,但同时又有若干内在一致的地方,因此法治与道德是相互补充、相互作用、有机统一的。从法律与道德的关系看,实行依法治国实质上就体现了以德治国的基本要求;从法律与道德作为社会行为准则看,依法治国应当居于主导地位;从法治与德治的区别来看,法治应当发挥主要作用。
In the process of promoting the cultural construction of socialist rule of law, we must adhere to the rule of law combined with the rule of virtue and the principle of ＂law as the main, virtue as the auxiliary＂. Rule of law and by virtue, in essence, is the relationship between law and morality, the rule of law with the rule of virtue. In jurisprudence and ethical philosophy, there exist three basic relations between law and mo- rality, legalization of morality, non - legalization of morality, some morality requirements of being either legal- ized or non - legalized. There is a lot of differences between law and morality, the rule of law and the rule of virtue, but at the same time there are certain internal consistencies, so the rule of law and morality are mutual- ly complementary, interactive and organically unitied. From the relationship between law and morality, the implementation of the rule of law is essentially embodies the basic requirements of the rule of virtue. From the perspective of taking law and morality as guidelines of social behavior, rule of law should take a dominant posi- tion. From the difference between the rule of law and rule of virtue, the rule of law should nlav a malnr rnl~
出处
《哈尔滨工业大学学报（社会科学版）》
2013年第1期70-73,共4页
Journal of Harbin Institute of Technology(Social Sciences Edition)
关键词
社会主义法治文化
治国理政方式
依法治国
以德治国
“法主德辅”原则
culture of socialist rule of law
the way of managing state affairs
the rule of law
the rule ofvirtue
the principle of ＂law as the main, virtue as the auxiliary＂
