第四,必须坚持依法治国和以德治国相结合。 Fourth,
we must persist in a joint commitment to rule of law and rule of virtue.
法律是成文的道德,道德是内心的法律,法律和道德都具有规范社会行为、维护社会秩序的作用。治理国家、治理社会必须一手抓法治、一手抓德治,既重视发挥法律的规范作用,又重视发挥道德的教化作用,实现法律和道德相辅相成、法治和德治相得益彰。
Laws are moral values that have
been carved into stone, while moral values are laws that we follow in our
hearts. Both laws and moral values possess the power to regulate social
behavior and preserve social order. Therefore, in running our country and
society, we need to lay emphasis on both the rule of law and the rule of
virtue, not only highlighting the normative function of law, but also valuing
the educational function of virtue, so that law and virtue promote each other
and rule of law and rule of virtue reinforce each other.
发挥好法律的规范作用,必须以法治体现道德理念、强化法律对道德建设的促进作用。一方面,道德是法律的基础,只有那些合乎道德、具有深厚道德基础的法律才能为更多人所自觉遵行。另一方面,法律是道德的保障,可以通过强制性规范人们行为、惩罚违法行为来引领道德风尚。要注意把一些基本道德规范转化为法律规范,使法律法规更多体现道德理念和人文关怀,通过法律的强制力来强化道德作用、确保道德底线,推动全社会道德素质提升。
To effectively exert the
normative function of the law, we must ensure that the rule of law gives
expression to moral values and that the law better promotes the cultivation of
morality. Moral values constitute the foundation of the law. This means that
only laws that conform to moral values and have deep moral foundations will be
consciously observed by the majority of the people. The law, on the other hand,
serves to safeguard moral values. This means that good civic morality can be
fostered through the compulsory regulation of people’s behavior and the punishment
of those who break the law. We need to pay more attention to turning basic
moral values and conventions into laws and regulations, ensuring that our laws
and regulations are more representative of moral values and humanistic spirit.
At the same time, we need to draw upon the mandatory force of the law to
reinforce morals and ensure the basic moral standards, so as to enhance the
overall moral fabric of our society.
发挥好道德的教化作用,必须以道德滋养法治精神、强化道德对法治文化的支撑作用。再多再好的法律,必须转化为人们内心自觉才能真正为人们所遵行。“不知耻者,无所不为。”没有道德滋养,法治文化就缺乏源头活水,法律实施就缺乏坚实社会基础。在推进依法治国过程中,必须大力弘扬社会主义核心价值观,弘扬中华传统美德,培育社会公德、职业道德、家庭美德、个人品德,提高全民族思想道德水平,为依法治国创造良好人文环境。
To effectively exert the
educational function of virtue, we must draw on virtue as a means of nurturing
the rule of law and strengthen the role of morality as a pillar of rule of law
culture. No matter how many laws we make, or how good those laws are, people
will only genuinely abide by them once they have become ingrained in their
subconscious. As the saying goes, “A person without shame knows no limits.”
Without the nutrition that virtue provides, rule of law culture will have
nothing to sustain it, and we will lack a solid social foundation on which to
enforce our laws. As we advance the rule of law in China, it is imperative that
we vigorously promote our core socialist values; carry forward traditional
Chinese virtues; and cultivate social morality, professional ethics, family
values, and the moral integrity of individuals. By raising the moral integrity
of our people as a whole, we will create a favorable humanistic environment to
underpin the rule of law in China.
第五,必须坚持从中国实际出发。 Fifth,
we must proceed from China’s specific situation.
走什么样的法治道路、建设什么样的法治体系,是由一个国家的基本国情决定的。“为国也,观俗立法则治,察国事本则宜。不观时俗,不察国本,则其法立而民乱,事剧而功寡。”全面推进依法治国,必须从我国实际出发,同推进国家治理体系和治理能力现代化相适应,既不能罔顾国情、超越阶段,也不能因循守旧、墨守成规。
The way a country approaches the rule
of law and the kind of rule of law system it builds is determined by that
country’s national conditions. In the Book of Lord Shang it is written: “In
governing a country, a wise ruler establishes laws through observing popular
customs, thus bringing order. He understands the fundamentals of the land he
rules, thus implementing appropriate policies. Where the customs of the times
are ignored and the fundamentals of the land neglected, the people will descend
into disorder even when laws are made. And he may be kept busy but will achieve
little.” The effort to comprehensively advance the rule of law must, therefore,
be carried out on the basis of China’s realities and in line with our push to
modernize the country’s governance system and governance capacity. In this
effort, we can neither afford to disregard our country’s national conditions
and race ahead of ourselves, nor can we afford to simply stick to old ways and
guard old conventions.
坚持从实际出发,就是要突出中国特色、实践特色、时代特色。要总结和运用党领导人民实行法治的成功经验,围绕社会主义法治建设重大理论和实践问题,不断丰富和发展符合中国实际、具有中国特色、体现社会发展规律的社会主义法治理论,为依法治国提供理论指导和学理支撑。我们的先人们早就开始探索如何驾驭人类自身这个重大课题,春秋战国时期就有了自成体系的成文法典,汉唐时期形成了比较完备的法典。我国古代法制蕴含着十分丰富的智慧和资源,中华法系在世界几大法系中独树一帜。要注意研究我国古代法制传统和成败得失,挖掘和传承中华法律文化精华,汲取营养、择善而用。
To proceed on the basis of our
country’s realities, we need to give emphasis to what is especially Chinese,
practical, and contemporary. We need to identify and apply successful practices
that the CPC has developed during its efforts to lead the people in
implementing the rule of law. With a view to addressing major theoretical and
practical issues in the development of socialist rule of law, we must work
constantly to develop and enrich a socialist rule of law theory that conforms
to China’s realities, displays Chinese characteristics, and reflects the
objective laws of social development, so as to underpin the rule of law in
China with sound theoretical guidance and support. Long ago, our ancestors
began to ponder the question of how human behavior could best be reined in.
China’s first systematically compiled laws appeared as early as the Spring and
Autumn and Warring States Periods (770-221 BC). In the years from the Han
Dynasty to the Tang Dynasty (202 BC-AD 907), China succeeded in establishing
what was essentially a fully-developed set of written laws. The legal system of
ancient China embodied a huge wealth of knowledge and wisdom, allowing it to
occupy a unique place among the major legal systems of the world. We need to
take note of the successes and failures of China’s ancient legal traditions,
identify, extract, and promote the very finest elements of China’s traditional
legal culture, and selectively integrate these elements into our present
initiatives.
坚持从我国实际出发,不等于关起门来搞法治。法治是人类文明的重要成果之一,法治的精髓和要旨对于各国国家治理和社会治理具有普遍意义,我们要学习借鉴世界上优秀的法治文明成果。但是,学习借鉴不等于是简单的拿来主义,必须坚持以我为主、为我所用,认真鉴别、合理吸收,不能搞“全盘西化”,不能搞“全面移植”,不能照搬照抄。
Proceeding on the basis of our
country’s realities does not mean that we can develop the rule of law in
isolation from the rest of the world. The rule of law is one of the most
important accomplishments of human civilization. Its core essence and purpose
have penetrating implications for the national and social governance of all
countries in the world. We must, therefore, learn from the fine achievements of
other countries in the development of the rule of law. However, learning from
others does not amount to simply copying them. Putting our own needs first, we
must carefully discern between the good and the bad and adopt the practices of
others within reason. Under no circumstances can we engage in “all-out
Westernization,” “complete transplant” of the systems of others, or copy from
other countries indiscriminately. |
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