An essay on the theme of "Morality and Law"

Law and Morality The so-called legal belief is people's infinite belief and worship of the law, and taking it as the highest criterion for behavior. "A The public's belief in the law is very important. It is a key element of the rule of law in a country. Because of this, Berman's wise saying, "The law must be believed, otherwise it will be in vain" has become widely circulated and has become a principle of truth that all people who advocate the rule of law are convinced of. [2] "Legal belief is people's recognition and reliance on the law. Its essence is the pursuit of legal supremacy and legal rule. Only by believing in the law can it be possible to abide by the law. The law is a symbol of fairness and justice, and abiding by the law is only the appearance of legal belief. In the form of expression, the spirit of law-abiding is the soul of legal belief. The spirit of law-abiding requires the subject not only to abide by the law, but more importantly, to internalize law-abiding into a moral responsibility and obligation, and to change forced abiding by the law into voluntary abiding by the law. From compulsory law-abiding to conscientious law-abiding, from heteronomous law-abiding to self-disciplined law-abiding. Looking at the history of human social development, the more democratic and orderly the society is, the greater the admiration and demand for the law among citizens in that social scenario. The reason why these citizens pursue the supremacy of law (rules) is that they are accustomed to trusting legal rules; more importantly, they have the conditions to maximize their rights and control government power through legal rules. This is because "legal rules are a universal, stable and clear social norm, a kind of public authority, rather than personal authority, special authority and family affection. In adjusting society to develop to a higher level, It can automatically eliminate or resist the infringement of contingency, arbitrariness and privilege, so that society can form a highly stable and orderly order and state in the benign movement of strict standardization and institutionalization; secondly, legal rules have a strong influence on people's life arrangements. On the one hand, it requires a tacit understanding and a self-regulating mechanism between individuals and between individuals and governments and organizations. This 'tacit understanding' and 'regulating mechanism' can promote a high level of human life after being configured with legal certainty. Harmony maximizes the protection of human freedom and dignity, gives people absolute power, does not depend on class or country, and designs a free and carefree life model full of human care. "[3] Therefore, in order to improve the overall legal literacy of a country's citizens, we should proceed from two aspects. One is to impart legal knowledge to citizens and cultivate their legal awareness and even legal beliefs; the other is to vigorously promote the process of democratization and rule of law in society. There is no doubt that as an institution of higher learning that educates people by nature, it is its unshirkable responsibility to take the lead in cultivating and rapidly improving the legal literacy of young students to participate in the process of social modernization and shape "modern talents." However, in recent years, it has been rising again and again. The crime data of college students frequently tells us that the campus is not peaceful, and the legal literacy of college students is still very poor. Wu Yunnan and other comrades from the Guangzhou Municipal Justice Bureau conducted a survey on 49 ordinary colleges and universities in Guangdong Province, and the results are shocking. From 1981 to 1998, there were 626 illegal and criminal students in these 49 colleges and universities, accounting for about two-thirds of the total number of students in the school during the same period. Two civil servants from the Personnel, Labor and Social Security Bureau of Xiuzhou District, Jiaxing City, Zhejiang Province in April 2003. He was assassinated in the office on the afternoon of the 3rd. The police confirmed that the suspect was 22 years old on Monday and was a fresh graduate of the Department of Agriculture, College of Agriculture and Biotechnology of Zhejiang University. It turned out that he had passed the written examination and interview in the open recruitment for civil servants in the district. , but failed the health examination and was not hired. Due to his pessimistic mood, he had thoughts of revenge and became angry with the recruiters in the personnel department, which eventually led to the murder on March 28, 2003. He was established at the Pukou District Procuratorate in Nanjing. The first college student crime prevention center in the country. Nanjing University, Southeast University and other 10 universities in Nanjing became the first batch of center members. The reason why this "college student crime prevention center" was established was because the hospital found through investigation and analysis that in 2001, the district had The crime rate among college students increased by 300% compared with the previous year, and increased by 120% in 2002 compared with 2001. It was also concluded that most of the crimes committed by college students were due to ignorance of the law.

In the face of these shocking crimes committed by college students. A more appropriate explanation for the data is that the current "Legal Education" courses in schools do not allow students to truly understand the law. As Liu Haiyang (a student at Tsinghua University), the party involved in the "Acidic Bear Injury" case, said: "We went to college. I took the "Fundamentals of Law" course and learned about civil law and criminal law, but I only knew that it was illegal to hunt wild animals, but it was not clear whether it was illegal to burn animals in the zoo with reagents. From this inner talk, maybe It will give us enlightenment that is more meaningful than the "incident" itself. The legal education model in our country's colleges and universities has reached a point where it must be reformed. Law and Morality The cognitive orientation of legal education needs to be changed. According to the spirit of relevant official documents and practical practices in my country, "legal education" in schools is subordinate to "moral education" and has no independent status of its own. The understanding and positioning of "Legal Education" after "Moral Education" is unreasonable. Treating Legal Education as the same as Moral Education. In fact, conducting legal education courses according to the routine of moral education will not only fail to achieve the educational value of Legal Education , which will also lead to the "legal education" being buried.

It is precisely because of this unreasonable understanding that for a long time, it has been difficult to see independent legal teaching and research offices in institutions of higher learning, large and small, and they have been replaced by the same moral education teaching and research offices. As a result, it is difficult to achieve effective legal education work. Real development.

Both moral education and legal education belong to the category of social value education. They are both different and related. From a connection point of view, the purpose of both is the same, which is to cultivate "qualified citizens" who meet the needs of society. "; In terms of distinction, moral education focuses on purifying people's inner world, while legal education focuses on regulating people's external behaviors. We say that improving human quality should be shaped from both thoughts and behaviors, and it is beneficial to combine legal education with moral education. However, there is no problem of legal education being subordinate to moral education or moral education being subordinate to legal education. Therefore, in order to realize the educational nature of legal education, it is necessary to construct a legal education arrangement with a complete system and independent status that belongs to legal education itself. The teaching staff of legal education must be optimized. Legal education is a comprehensive education that is political, theoretical, intellectual, and practical. It must not only have clear goals, standardized content, and relatively stable education channels, but also must have formal training and certain theoretical knowledge. legal teaching team with high level of proficiency and practical experience. Many of the current so-called "law teachers" are "half-way monks" or even political cadres who have never received professional legal education. It is conceivable how much legal literacy the "disciples" who are "emerged" under this situation will have. . Law teachers in colleges and universities must not only be well versed in the laws of school education and the growth laws of young students, but also must have relatively systematic knowledge of legal subjects and high legal quality. Different schools should form a team of capable full-time teachers with a considerable level as the main body through various forms such as full-time, part-time and employment according to their own conditions, and at the same time hire some part-time teachers who have been engaged in judicial practice or legal education for a long time as a supplement. Integrate and establish an authentic and high-quality legal education teaching team. Third, the content setting of legal education needs to be adjusted. "Legal education" in colleges and universities is to cultivate college students' legal awareness (legal beliefs) and legal knowledge (legal skills), and should mainly include basic legal theory, basic legal knowledge and legal concept education. Through legal theory education, students should master the basic viewpoints of Marxist law and establish legal authority ideologically; through explanation and introduction of the Constitution, students should understand that the Constitution is the product of the democratic system, help students establish correct concepts of rights and obligations, and establish A sense of national ownership; combining different majors, selectively introducing some departmental laws to students to cultivate students' knowledge, skills and consciousness of abiding by, protecting and using the law.

Currently, all colleges and universities of different categories are forcibly offering a "Legal Fundamentals" course to cope with "Legal Education". Due to the short number of class hours and the complexity of the content, the professors are like a dragonfly flicking water, rushing to catch up with the progress. , can only simply list and accumulate a series of knowledge; learners are often tired of coping, memorizing by rote, and coping with passing exams, which makes teachers and students miserable. This is obviously contrary to the real purpose of "legal education". In terms of content selection of legal education, a more appropriate approach is to set up legal education courses at different levels in different types of schools. According to the type of school the students are in, the majors they study, and the focus needs of each school, in addition to the general knowledge of the Constitution, criminal law, civil law and other major laws, In addition to popularization, some legal courses related to the majors (industries) of each school and connected with all types of students are also opened to make "legal education" close to the lives of college students and integrate into the intrinsic needs of college students. Fourth, the implementation of legal education. Methods must be improved. Legal education in colleges and universities must first follow the unique laws of legal education. Legal education is an education that “identifies” norms, “accepts” norms and “digests” norms. It is an education that cultivates a conscious and voluntary law-abiding spirit and shapes the embodiment of democracy. In fact, it is difficult to educate modern legal concepts such as justice, efficiency, and fairness by relying on traditional boring "classroom preaching." It is more appropriate to let students feel what they need to abide by and how to abide by these norms in vivid and intuitive practical activities. .