关键词: 社会价值形态, 道德, 法律, 德治, 法治

Abstract: Why can morality and law be mentioned in the same breath? Why can they be combined? Because both of them are special forms of social values, symbolizing the dominating will and pursue of meaning in a society. The mainstream values in the society are maintained through institutions and the belief system, and the legitimacy and ethicality of modern nations as well as their laws are based on justice. Morality and law are established on the same value foundation and consciousness structure. Kant divided moral theories("freedom" opposite to "nature") into rechtslehre and virtue theories, whereas the Confucian tradition combines li(rites), fa(law or legal punishment), morals and politics, which provides the foundation for the combination of morality and law and shows a long history of this practice. Law has its value foundation, that is, only law that meets certain requirements of morality or justice can be dubbed conscience law. It is perceived that law of equity originates from absolute natural law, "natural justice" that is beyond and able to correct human law. Law makers should master the art of law making as well as its principles and spirit to make sure that laws and regulations embody national value aims, social value orientation and citizens' value criterions. Law is at service of social aims and benefits, and the items of law should imply inherent connotations, spirit and conscience. Morality needs the protection of law, while law should aim to elevate virtues and humanity and hence the government is accountable to cultivating the morals of citizens and virtues of the public. In different social cultures, the connotations of ruling by law and ruling by morality as well as their realization methods have different features.

Key words: forms of social values, morality, law, rule by morality, rule by law