河北法学2024，Vol.42Issue(12)：152-164,13.DOI:10.16494/j.cnki.1002-3933.2024.12.008
"身份道德"与法律的冲突与协调
Conflict and Coordination Between Identity Morality and Law
摘要
Abstract
The morality that regulates our thoughts is"identity morality"."Identity morality"changes according to the status of"nobility,lowness,dignity,distant and distant relatives"of each person,with different requirements,treatments and evaluations.It naturally grew up in China's agricultural civilization,matured in Confucian ethics,its essence is unequal."Identity morality"once had a fierce conflict with the Qin law which had the characteristics of formal equality,and eventually changed the norm of identical sexual behavior into the norm of differentiated sexual behavior through"incorporating rituals into the law",which changed the traditional Chinese law into"identity law"."Identity law"adapts to"identity morality",and Chinese traditional law and traditional morality achieve historic coordination.Since the Western Law gradually spread eastward,the conflict between"identity morality"and western law with equal spirit,equal content and equal form appears to be more intense than that between"identity morality"and Qin law.In fact,it is not,because the great changes in modern China have changed the essence of the inequality of"identity morality",so modern law and"identity morality"have a basis for coordination.In the existing legal system,the conflict between"identity morality"and law is mainly manifested in the"public domain"regulated by public law.In the"private domain",private law which follows the principle of"autonomy of will"can be seamlessly docked with"identity morality".The conflict between"identity morality"and law in"public domain"is mainly caused by its inherent defects:infinite spillover and reverse rewards and punishments.Its radical cure is to further improve the law and truly implement the law.关键词
身份道德/地域/和谐/法律/冲突与协调Key words
identity morality/region/harmonious/law/conflict and coordination分类
社会科学引用本文复制引用
吕中行,张振国.."身份道德"与法律的冲突与协调[J].河北法学,2024,42(12):152-164,13.基金项目
2024年度河北省社会科学界联合会社会科学发展研究课题"身份道德与法律的冲突与协调"(202402034). （202402034）
