Morality dominates people's hearts, and law dominates people's actions.

Morality urges people to go up, and law prevents people from going down.

The moral bottom line is the legal bottom line. Form a "vision" of Germany and France. Above is the moral sky, and below is the legal area.

Morality and law are inversely proportional.

Morality and law have one thing in common Their ultimate goal, I think, is to eliminate the law and return to the moral sky.

The relationship between law and morality

Spiritfox was released on February 22nd, 2006 16: 37: 26. When watching Focus Interview, it is often seen that reporters take pictures and make them public in order to master the inside story. I think: from a secular point of view, this is indeed a great pleasure for the people, punishing evil and promoting good; But from a moral point of view, it seems a bit inhuman and immoral. At one time, I thought that this kind of behavior might be untenable in law. But in fact, the so-called "law can't tolerate feelings", in the special field of mass communication, law and morality often have a complicated relationship with the media.

According to the civil law, citizens' portrait rights shall not be infringed, and no one may use other people's portraits without authorization. However, it is pointed out that it is not illegal to use citizen portraits in news newspapers to interview or expose uncivilized phenomena. From this point of view, the practice of Focus Interview is legal, but it does not drink moral standards. The law is implemented by the state under the protection of the state's coercive power, and any natural person or unit must abide by it. And morality is precisely the common consciousness of some behaviors that people consciously form. Compared with the law, it is naturally less binding, so people will not be enforced. As a profession of mass communication, we must abide by the law; Out of a sense of professionalism and responsibility, sometimes it is inevitable to collide with traditional morality.

Here, I think the teacher mentioned one-a reporter filmed pedestrians falling into into the pit in the rain. Many people accuse this reporter of immoral behavior, and many people say that he is very dedicated. In fact, everything has two sides. If the reporter had chosen to just set up a sign by the pit, then the insider would probably accuse him of being "unprofessional". To evaluate whether the application of a method is correct and reasonable, I think it should be based on the realization of the results. There is no doubt that the reporter's waiting for many hours in the rain has caused great repercussions, and the result is much more obvious than just setting up a brand. So I think every profession has its particularity, especially mass communication. Since morality itself gives people enough space to choose whether to obey it completely or violate it appropriately, it is understandable to violate a little morality innocently for legitimate professional purposes. Otherwise, we will lose countless opportunities to get the truth and communication will lose its real value.

But it doesn't mean that as long as it is a fact, we media must have the obligation to let people fully understand it, or even give up to the end and ignore the law. Law is the foundation of all rights and obligations. Many media in Hong Kong have ignored this point, especially the paparazzi and tabloids. Today, they broke the news that "a star is terrible after taking off makeup", tomorrow, they broke the news that "a girl and a girl stole a kiss in the subway", and the day after tomorrow, they broke the news that "a photo of an actress before plastic surgery" was full of tricks. These are the private spaces of stars, and they are part of their personal rights. No matter morally or legally, it is never allowed to be violated. So the stars in Hong Kong have a hard time, even if they tickle secretly, they should keep their most beautiful posture. These gossip news are undoubtedly just to cater to people's curiosity and interest, so as to drum up their own pockets, but their behavior has made the report go to the pathological extreme and brought great psychological and physical pressure to the stars.

In short, nothing can be generalized, and the role of law and morality in mass communication should be judged according to specific circumstances. As a media worker, I think we must strictly abide by the law; At the same time, it is also possible not to violate moral standards-as for this degree, I believe everyone has an accurate balance in mind.

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Law and morality are like two wheels of a car and two wings of a bird. Their relationship is an eternal topic in history and reality. The history of human legal development tells us that from the emergence of law to the realization of the rule of law, it is an interactive evolution process of moral legalization and legal moralization. Moral legalization emphasizes that human moral concepts are cast into law, that is, the formation process of good law; The moralization of law emphasizes the quality and morality of people internalized by law. China's thought of combining etiquette and law in ancient times, with virtue dominating punishment assisting, provides a feasible historical textual research for us to adopt the rule of virtue and the rule of law today. The author tries to seek the reasonable core of the coordination between morality and law through the historical investigation of the relationship between etiquette and law, and then puts forward some brief opinions on solving the contradiction between morality and law in today's social development.

Keywords: ceremony; Legalization of morality; Moralization of law; Rule of law; rule of virtue

No matter how long the rule of law is restored, there will always be fish that slip through the net; No matter how wide the adjustment scope of the rule of law is, there is always something we can't do. In this sense, wherever the rule of law fails, the rule of virtue can be used, and the rule of law cannot completely replace the rule of virtue. 1] Rule by virtue refers to the importance and application of moral self-discipline, moral education and moral construction in social governance. The rule of law and the rule of virtue should complement and echo each other in social governance, that is, the combination of law and morality, "comprehensive governance." The ancient law in China is actually a dual-track system, that is, two systems or legal sources and forms coexist. One is the law formulated by the state, and the other is the "etiquette law" and "moral law". These two social adjustment methods cooperate with each other and bring various social phenomena into their adjustment scope. However, contemporary social law in China is the only means of social regulation, and morality as another means of regulation is seriously absent. This single legal system needs to be adjusted urgently. Therefore, it is necessary to study the relationship between "etiquette" and "law" in ancient China, absorb its reasonable core, and establish a dual legal system of rule by virtue and rule by law.

Firstly, the relationship between morality and law in ancient China was investigated.

"Virtue" was a comprehensive concept integrating morality, politics, belief and strategy in the Western Zhou Dynasty. It requires rulers to respect heaven and be filial to their parents, be strict with themselves and be lenient with others, and use punishment only when they have to, but they must be careful when using it. On the one hand, Confucianism's inheritance and development of "virtue" highlights the political significance of "virtue", mainly including leniency, and holds that "virtue" is the main method to govern the country and win the hearts of the people; On the one hand, it raised the status of "morality", and regarded "morality" as the guiding principle of administration and justice, that is, it advocated "taking morality as the subject of punishment". [2] This Confucian rule of virtue is based on "courtesy". "Rituals have good achievements, so things are blessed by God". (3) The origin of rites is related to religion, sacrifice and patriarchal clan system, which embodies the patriarchal clan system in society. At the same time, ancient China, as an identity society, also contributed to the proliferation of rites, which supported each other. But the scope of etiquette is difficult to define, all-encompassing, everywhere. It can be the basic belief of personal life or the fundamental program of governing the country. It is the ultimate basis for making moral judgments and legal judgments on others, and it is also the basic spirit contained in social ownership; On the one hand, it makes detailed provisions on human behavior, on the other hand, it makes theoretical abstraction on all aspects of society. Let's talk about "law", "punishment" is as flat as water; Hey, so if you can't touch it straight, then go. "[4]" as flat as water "means fairness and justice. Therefore, in order to correctly understand the relationship between ceremony and law, we must put it in the ancient soil of China and examine it from the perspective of China tradition.

(A) the legalization of morality

The so-called moral legalization mainly means that legislators express certain moral concepts and moral norms or rules in the form of law and national will with the help of legislative procedures, and make them standardized and institutionalized.

1, Zhou Gong made a ritual and entered the law.

Duke Zhou's ritual system is to sort out, supplement and revise the rituals of Xia and Yin, so as to further systematize the norms of rituals and make the principles of rituals tend to be legal. "Rite, pass the country, settle the country, make the people and benefit future generations." [5] "Moral righteousness, see no evil; Lessons are common, and indecent assault is unprepared; Arguments and lawsuits, indecent assault; Up and down, father and son brothers, indecent assault; Official scholar, indecent; Ban Chao is in charge of the army, and it is not good to be indecent and dignified. " [6] "The ceremony of the husband, the classics of heaven, the meaning of the land, and the trip of the people." 〔7〕

The basic principles set by Zhou Li are "kissing" and "respect". The consistency of kinship and respect shows the unity of clan power and kingship. "If you are rude, you can't do it, and if you are rude, you will be restless." [8] Rites and punishments are similar in nature and complementary in application. Violation of the ceremony is illegal, violation of the law is violation of the ceremony, and the ceremony is punished. However, the objects of etiquette and punishment are different. As the saying goes, "You can't be polite to Shu Ren, but you can't be polite to doctors".

2. Confucianism alone, moral punishment.

Dong Zhongshu, a Confucian scholar in Han Dynasty, took the theory of induction between man and nature as the philosophical basis, and proved that virtue conforms to the operation law of heaven with the theory of complementarity of yin and yang and five elements. "Heaven is yin and yang. Yang is virtue and Yin is punishment; Punishment is mainly based on killing, and virtue is mainly based on life, so Yang always lives in summer, also for fertility and growth; Yin often lives in winter, but accumulates in the empty place, in order to see the virtue of heaven without punishment ... The king is willing to engage in it, so he teaches morality without punishment. Criminals should not be allowed to rule the world, and Yin people should not be allowed to come of age. As a punishment for politics is unnatural, so the former king refused to accept it. " Sages love more and are less strict, and their sentences are reduced by virtue. "[9] that is," Germany is the main punishment. "

On the one hand, the legalization of morality in the Han Dynasty is manifested in the adoption of laws that conform to Confucian principles, and on the other hand, it is manifested in Dong Zhongshu's Spring and Autumn Prison, that is, quoting classics in the judiciary. Dong Zhongshu's explanation of the prison ban in the Spring and Autumn Period is: "When you listen to a prison in the Spring and Autumn Period, you must take it as its own thing. Its original purpose is: the wicked can't do anything, the first evil is particularly serious, and the straight one is light." Thus, the gist of Forbidden Prison in the Spring and Autumn Period is: the motive of the perpetrator must be investigated according to the facts of the case; Those people with evil motives will inevitably bear criminal responsibility even if they attempt to commit a crime; The first offender will be severely punished; Lighter punishment without evil thoughts. This absolute prison is to solve the problems in the process of law application, but from a larger perspective, it is that he is also rebuilding the ethical structure of ancient laws.

Case 1: A has a son, B asks for C, B grows up, and C also grows up. A is called B because of the color of the wine: You are my son. A to B is his son, so he was furious and sued the county magistrate. Zhong Shuduan said: A gives birth to B, but can't have children. Begging for C is the end of righteousness. You shouldn't sit, even though you are carrying a stick. 〔 10〕

Case 2: Monogamy will be on the boat, and the sea breeze will be flourishing. The ship was not drowned, so it was not allowed to be buried. In April, Mom A and C are going to marry A, what does that matter? Or: Jia Fu died and was not buried, so it is impossible to get married. If you marry privately, you should abandon the market. Discussion: I think Spring and Autumn Annals means that a wife belongs to Qi, and a husband dies without a man, so there is a way to marry more. Women are free from tyranny, obedient, married and married to a respectable person. She has no desire to commit adultery and is not a private wife. If you know what to do, you are innocent and should not sit down. 〔 1 1〕

From the prison cases in the Spring and Autumn Period, it can be seen that it is consistent and complementary with the Chinese law in terms of general principles such as intimacy and inferiority, that is to say, Confucian classics and law can never be incompatible. Therefore, we can say that even though the laws of the Han Dynasty embody the legalist thought in a complete sense, there are many contents that basically conform to the Confucian creed. This shows the common cultural background of Confucianism and law, and also shows their integration in early legal practice.

3. Morality and courtesy are the foundation and punishment is the purpose.

The Tang Dynasty continued and developed the trend of legalization of Confucianism since the Han, Wei and Jin Dynasties, and basically legalized the ceremony that reflected the patriarchal ethical relationship, and even "allowed the ceremony".