张雅楠zeyarna的博客

当代中国提出了以德治国和以法治国相结合的社会治理逻辑，同时将传统道德结合在其中。究竟法律遇到的逻辑关系，当代道德与传统道德逻辑关系是怎么融合在以德治国和以法治国的治理逻辑中的？为此我提出了一个阶梯融合模型用于解释当代中国社会治理逻辑。

首先法律是以强制性最低道德标准，以至于必须使用他律进行强制性约束。那么法律就应该在道德之下，作为道德基石，任何非法的事情也就是不道德的事情。同时中国传统儒家道德的以德治国，主要包含了和文化和权威文化。和文化作为民间处理矛盾和社会关系的道德基础，而权威文化则是皇权、父权、师权为基础的道德治理逻辑。在民主文化冲击传统中国儒家文化后，平权思想的涌入导致皇权丧失，父权和师权弱化，最终导致了当代中国民主文化。从民主文化中权威的解读被解释为人民意志的体现，也就是我们法律制度，同时以及人民意志的代理人政府及政府监督体制。作为一党执政的自我监督体制以及社会监督体制的民主逻辑构成，在他的党章中已经通过全心全意为人民服务这个公开化的民主宗旨给予了本质体现。这样，执政党的道德将处于社会法律和社会道德之间，同时作为传统道德中的权威文化予以体现。

Contemporary China has proposed a social governance logic that combines the rule of virtue and the rule of law, and at the same time combines traditional morality into it. What is the logical relationship encountered by the law, and how is the logical relationship between contemporary morality and traditional morality integrated into the governance logic of the rule of virtue and the rule of law? For this reason, I proposed a ladder integration model to explain the logic of social governance in contemporary China.

First of all, the law is a mandatory minimum moral standard, so that it must be enforced by heteronomy. Then the law should be under morality. As the cornerstone of morality, anything illegal is also immoral. At the same time, the rule of virtue in traditional Chinese Confucian morality mainly includes harmony culture and authority culture. Harmony culture is the moral basis for the people to deal with contradictions and social relations, while authority culture is the moral governance logic based on imperial power, patriarchy, and teacher power. After the impact of democratic culture on traditional Chinese Confucian culture, the influx of equal rights ideas led to the loss of imperial power, the weakening of patriarchy and teacher power, and ultimately led to the contemporary Chinese democratic culture. The interpretation of authority from democratic culture is interpreted as the embodiment of the people’s will, that is, our legal system, as well as the government and government supervision system that are the agents of the people’s will. As a democratic logic of the self-monitoring system and social supervision system of the ruling party, its party constitution has given its essential embodiment through the open democratic purpose of serving the people wholeheartedly. In this way, the morality of the ruling party will be between social laws and social morality, and at the same time be embodied as the authoritative culture in traditional morality.