传统伦理——民众法治意识养成的先具要素

发布时间：2018-04-29 08:12

本文选题：传统伦理 + 法治意识　；参考：《兰州学刊》2014年06期

【摘要】：当前社会上若干现象显示社会上存在不尊重法律、藐视规则、道德滑坡、伦理丧失等问题,这些问题与法治中国不协调。依法治国需要民众具备法治意识,法治意识的养成应以伦理道德为先具要素。中华传统伦理以孝为本、以家庭为基础,通过教育将其内化为做人的标准与准则。传统由家及国、由内而外的守法层次,符合自然逻辑,对家规、族规等蕴涵传统伦理的规范的尊重使人形成遵守法令的惯性,从而形成对法令的敬重。应该认识到传统伦理对当前民众法治意识的培育有不可替代的作用。作为推动依法治国的智力主体,法学学者应该承认对传统伦理的认识不足,并在反思的基础上加以弥补,在推动传统伦理的修复过程中建立起中华法系的主体自信,从而促进民众养成符合时代要求的法治意识。
[Abstract]:At present, a number of social phenomena show that there are some problems in the society, such as disrespect for the law, contempt of rules, moral decline, loss of ethics and so on, which are not in harmony with the rule of law in China. The rule of law requires the people to have the consciousness of rule of law, and the cultivation of the consciousness of the rule of law should take ethics as the first factor. Chinese traditional ethics is based on filial piety and family. The traditional law-abiding level from home to country, from inside to outside, conforms to the natural logic. The respect for the norms containing traditional ethics, such as family rules and clan rules, makes people have the inertia to abide by the law, thus forming respect for the law. We should realize that traditional ethics plays an irreplaceable role in the cultivation of people's consciousness of rule of law. As the intellectual subject of governing the country according to law, legal scholars should admit the lack of understanding of traditional ethics, make up for it on the basis of reflection, and build up the subjective self-confidence of Chinese legal system in the process of promoting the restoration of traditional ethics. In order to promote the development of the public to meet the requirements of the times awareness of the rule of law.
【作者单位】：北京农学院文法学院;
【分类号】：D901

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