公民守法道德养成研究

【作者】 郭芙蓉；

【导师】 刘云林；

【作者基本信息】 南京师范大学 ， 思想政治教育， 2013， 博士

【摘要】 法治运行的整个过程,始终离不开道德的保证。守法作为法治运行的重要环节和最终归宿当然也不例外。而我国公民道德建设实施纲要中把遵纪守法作为首要的基本道德规范和行为标准,实质上隐藏了一个既定的前提：法是良法。但是即便是良法,是否以自觉自愿自由的道德姿态去遵守又是不可回避的问题,公民应以道德姿态守法,才能保证法治现代化和道德建设成功。然而,中国先天性缺乏现代意义上的法治理念,依靠移植域外法律,又往往导致水土不服问题。建国后,立法中心主义的法制建设模式使法治的理论与实践相脱节,守法问题遭到忽视,被动、消极、功利的守法居多,进而导致守法行为的非连续性、非稳定性。公民守法道德实质上体现出自律、自觉、自愿甚至自由的守法精神,它能够有效促进法治实现,同时也提升了公民的道德境界。公民守法道德养成是一个系统工程,既需要理论指导,也需要历史与现实的关照,并在这二者基础上,找到养成之道。守法的道德理由之证成,是对守法的伦理根据的追问,因为只有深深扎根于主体的道德基础中,才能带来守法的自觉性甚至自愿性,进而带来守法的普遍性、必然性、持续性与时刻的警惕性。守法道德的养成,亦必须向公民阐释法的现代伦理价值,尤其是法的个体伦理价值,它是个体自由与幸福生活的保障。道德养成研究亦离不开对人性的预设。中国人性善的理论预设往往使道德养成偏重个体自律,西方基于人性恶的理论假设往往偏重法律制度外在规约来提升个体道德境界,公民守法道德养成需要兼顾公民个体的道德自律与良好制度的规约,共同促进守法道德养成。与道德养成的一般过程相似,公民守法道德养成一般经由内化守法道德规范到养成道德德性并外化德行。守法道德养成的过程中,包含着主体、客体、目标及环境等要素系统的相互作用。主体指以私权利身份的公民,客体指守法的主要道德规范,同时根据主体道德水平的高低,制定出合适守法道德养成的目标,还需对外部环境进行系统分析。法律文化传统的差异会深深影响着人们的守法道德观,中国传统法律文化亦是如此。法的威慑与奴性畏惧服从的臣民心理,“术”、“势”的思想与主体规则意识淡漠,以及熟人社会束缚与现代公共生活中社会责任感缺失,这些都是阻碍守法道德养成因素。而现代法律之善恶标准难统一,公民守法之功利与平庸心理多,现代公民之心理健康状况欠佳,公权力主体守法榜样力量薄弱以及公民守法道德教育的欠缺,又成为守法道德养成的现实障碍。排除历史与现实的障碍,需要从优化公民守法道德养成环境策略、完善和健全守法道德养成的保障机制、挖掘传统文化资源入手,并要着重培养公民批判性思维,纠正法制宣传和教育重心,强化守法主体的公民意识教育,学会善用回归生活世界的道德叙事法。更多还原

【Abstract】 The entire process of the operation of the law can’t do without the guarantee of morality. Abiding by the law as the important link and final destination of the operation of the law is natural neither exception. But in Program for Improving Civic Morality, obeying the law is be taken as the first fundamental code of ethics and behavior standard, and actually a premise having been concealed, that is he law of being obeyed is good law. But even good law, whether people will abide it in voluntarily and free ethical attitude or not is an unavoidable problem. The citizen should abide by the law with morality attitude, the modernization of law and the construction of morality can be success. But our country is short of the rule by law on modern significance idea innately and depending on transplanting foreign laws sometimes leads to the problem of that the laws can’t be adapt to here natural environment and climate. After the new China was boiled up, Legislative centrism legal construction mode makes the theory and practice of the rule of law is out of touch. Non-continuous, non-passive, negative, utilitarian law-abiding majority become more and more, which make law-abiding behavior non-continuous, non-stability. The citizen’s morality of abiding by the law have embodied one kind of spirit that the modern citizen are conscious, volunteer and free of abiding by the law. That such spirit can help us step off the difficult position which abides by the law passively, Slavery and material gain and also can help us realize rule by law really and lift morality realm at the same time.The cultivation of citizen’s morality of abiding by the law is a systematic project, which requires both theoretical guidance, but also need to care of the history and reality, and find the road to develop, both on the basis of.That certificate of the morality reason of abiding by the law is cross-examining checking the ethics basis abiding by the law, only when the morality basis taking root in the main body deeply, that can bring about the consciousness and voluntarily of abiding by the law and even then bring about universality, certainty, persistence and the moment vigilance. The cultivation of citizen’s morality of abiding by the law must also interpretive law to the citizens of modern ethical values, especially law individual ethical values that is the protection of individual freedom and a happy life. The research on cultivating of morality ideas cannot do without humanity’s moral. Based on theory of human nature is good, Chinese always emphasize on cultivating morality by self-discipline, while western always emphasize on the external legal system to improve individual moral realm based on the evil human nature. Cultivating morality of abiding by law of citizens is inseparable from individual self-discipline but also inseparable from the establishment of excellent external systems. Both can bind each other, and promote formation of moral atmosphere and moral realm jointly. Similar to the general process of moral cultivation, the general process of moral cultivation of abiding by law of citizens is developed from internalization of morality of abiding by law to moral virtue, and evolved into external moral behaviors. The process of moral cultivation of abiding by law includes the interaction of elements such as subject, object objectives and environmental systems. The principal refers to the identity of the private rights of citizens; the main object refers to the law-abiding moral standards. According to the main level of moral standards, we need develop a suitable target of the cultivation of citizen’s morality of abiding by the law, and need a systematic analysis of the external environment.Traditional legal and cultural differences will deeply affect people’s law-abiding concept, Chinese traditional legal culture is also true. The factors on cultivating morality of abiding by law in tradition law culture are majestic of Law and feudal ruler who fears obeying with servility, the "skill"", the "power" thought and main body regulation consciousness are indifferent, as well as acquaintance society fetters and modern common life are hit by the sense of social responsibility hiatus. The realistic obstacles are as follows:good and evil standards of modern law is difficult to unify, utilitarianism and mediocre psychology of most citizens in abiding laws, modern citizens are in poor mental health, law-abiding examples of the public authority is vulnerable as well as lack of education for civil morality of abiding by law. Eliminating the barriers of history and reality, we should optimization environmental strategy of cultivating morality of abiding by law for citizens, develop and improve the protection mechanisms of cultivating morality of abiding by law, excavate traditional cultural resources, and focuses on the educational countermeasures to citizens cultivating morality of abiding by law. We also should focus on cultivating critical thinking of citizens, correct legal publicity and education emphasis strengthen the civic awareness education of law-abiding body, and learning to use the moral narrative method returning to life world.更多还原