The Rule of Law and the Rule of Virtue
坚持依法治国和以德治国相结合
Law is a system of rules that we must comply with at all times; virtue is the foundation of society that should never be allowed to dissipate. In this new era, we should implement the rule of law as the fundamental strategy for governing the country, and law-based exercise of state power as the basic approach to governance. To achieve these, we need to integrate the rule of law with the rule of virtue so that they complement and reinforce each other in promoting the modernization of our national governance system and capacity.
法律是准绳,任何时候都必须遵循;道德是基石,任何时候都不可忽视在新的历史条件下,我们要把依法治国基本方略、依法执政基本方式落实好,把法治中国建设好,必须坚持依法治国和以德治国相结合,使法治和德治在国家治理中相互补充、相互促进、相得益彰,推进国家治理体系和治理能力现代化。
Law is a set of virtues in writing; virtue represents the law in one's inner world. Both function to regulate people's conduct and social relations and maintain social order, yet each plays a different role in national governance. Law ensures social stability while virtue nourishes the mind. Effective law enforcement depends on the good practice of virtue while virtue must work within legal restraints. The rule of law and the rule of virtue are inseparable and must be balanced and coordinated for better national governance.
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、调节社会关系、维护社会秩序的作用,在国家治理中都有其地位和功能。法律是成文的道德,道德是内心的法律。法律有效实施有赖于道德支持,道德践行也离不开法律约束。法治和德治不可分离、不可偏废,国家治理需要法律和道德协同发力。
Since the adoption of reform and opening up, we have summarized our experience and lessons learned in building a law-based socialist country, and decided to make the rule of law our Party's fundamental strategy in leading the people to govern our country, and law-based exercise of state power our Party's basic approach to governance, blazing a path of Chinese socialist rule of law. This path is marked by the integration of the rule of law with the rule of virtue, placing equal importance on both. Choosing this path is the result of a thorough review of lessons learned from the past, and a clear understanding of the laws of governance.
改革开放以来,我们深刻总结我国社会主义法治建设的成功经验和深刻教训,把依法治国确定为党领导人民治理国家的基本方略,把依法执政确定为党治国理政的基本方式,走出了一条中国特色社会主义法治道路。这条道路的一个鲜明特点,就是坚持依法治国和以德治国相结合,强调法治和德治两手抓、两手都要硬。这既是历史经验的总结,也是对治国理政规律的深刻把握。
We should reinforce ethical support for the rule of law. To integrate the rule of law with the rule of virtue, we need to give play to the role of ethics and enhance the ethical standards of the whole of society, laying a sound foundation for promoting the rule of law in all respects. The rule of law should be reflected in our ethical framework so that ethics may provide more nourishment to the development of the law. We should make sure that they are connected and coordinated and reinforce each other. Ethical education should be carried out with a view to fostering the public's faith in the legal system and enhancing their understanding of the rule of law and rule consciousness. We should guide the public to develop their consciousness to fulfill legal obligations and responsibilities towards society and family, developing a culture of respecting and following the rule of law.
要强化道德对法治的支撑作用。坚持依法治国和以德治国相结合,就要重视发挥道德的教化作用,提高全社会文明程度,为全面依法治国创造良好人文环境。要在道德体系中体现法治要求,发挥道德对法治的滋养作用,努力使道德体系同社会主义法律规范相衔接、相协调、相促进。要在道德教育中突出法治内涵,注重培育人们的法律信仰、法治观念、规则意识,引导人们自觉履行法定义务、社会责任、家庭责任,营造全社会都讲法治、守法治的文化环境。
Ethics should also be included in the development of the rule of law, which provides strong institutional support for disseminating ethical concepts. Laws and regulations must establish clear ethical guidelines to promote virtue and righteousness. Socialist ethical standards and core values should be embodied throughout the legislation, law enforcement and judicial process so that socialist rule of law is equipped with a sound legal system and a sensible governance system. Well-developed ethical standards that have been widely recognized and can be applied to the whole of society should be developed into laws and regulations in a timely manner in order to strengthen the public's pursuit of virtue. We must enforce the law strictly and advocate the virtuous and the good, and punish the false and the evil. We should administer justice impartially and every judgment ruled in court should demonstrate this spirit.
要把道德要求贯彻到法治建设中。以法治承载道德理念,道德才有可靠制度支撑。法律法规要树立鲜明道德导向,弘扬美德义行,立法、执法、司法都要体现社会主义道德要求,都要把社会主义核心价值观贯穿其中,使社会主义法治成为良法善治。要把实践中广泛认同、较为成熟、操作性强的道德要求及时上升为法律规范,引导全社会崇德向善。要坚持严格执法,弘扬真善美、打击假恶丑。要坚持公正司法,发挥司法断案惩恶扬善功能。
Legal means should be used to solve serious ethical problems. Law marks the bottom line of ethics and serves as the guarantee for ethics. Therefore, we must improve legislation by including well-defined sanctions against unethical behavior. We must take legal actions against unethical deeds that are of grave concern to the public. To address the pressing issue of honesty, we should hasten to build a kind of honesty record system covering the whole society, and establish mechanisms for rewarding law-abiding and honest behavior and punishing illegal and dishonest behavior to deter and prevent people from falling into dishonesty. We must intensify law enforcement efforts to punish illegal profit-seeking and counterfeiting, and bring those unethical law breakers to justice.
要运用法治手段解决道德领域突出问题。法律是底线的道德,也是道德的保障。要加强相关立法工作,明确对失德行为的惩戒措施。要依法加强对群众反映强烈的失德行为的整治。对突出的诚信缺失问题,既要抓紧建立覆盖全社会的征信系统,又要完善守法诚信褒奖机制和违法失信惩戒机制,使人不敢失信、不能失信。对见利忘义、制假售假的违法行为,要加大执法力度,让败德违法者受到惩治、付出代价。
We should raise public awareness of the rule of law and ethical consciousness. Only by establishing the public's faith in the legal system can the law function properly; only by improving the ethical standards of the whole society can ethics be observed. Enhancing publicity and education on the rule of law will help foster public awareness of the concept and inspire faith in and respect for the Constitution and law; enhancing public ethics will help promote traditional Chinese virtues and raise the ethical and moral standards of the public. We should remain committed to strengthening public legal awareness and law observance, laying the groundwork for the rule of law and helping all members of society become advocates and defenders of socialist rule of law who voluntarily observe this principle. By continuing public ethical programs and activities for promoting public ethical progress, we work to increase the public's consciousness of putting the core socialist values into practice, foster virtue in society, and encourage citizens to practice socialist ethics and advocate virtue.
要提高全民法治意识和道德自觉。法律要发挥作用,首先全社会要信仰法律;道德要得到遵守,必须提高全体人民道德素质。要加强法治宣传教育,引导全社会树立法治意识,使人们发自内心信仰和崇敬宪法法律;同时要加强道德建设,弘扬中华民族传统美德,提升全社会思想道德素质。要坚持把全民普法和全民守法作为依法治国的基础性工作,使全体人民成为社会主义法治的忠实崇尚者、自觉遵守者、坚定桿卫者。要深入实施公民道德建设工程,深化群众性精神文明创建活动,引导广大人民群众自觉践行社会主义核心价值观,树立良好道德风尚,争做社会主义道德的示范者、良好风尚的维护者。
Officials must play a key role in implementing the rule of law and the rule of virtue. They should serve as the main organizers and driving forces of comprehensive law-based governance and active advocates and role models of enhancing public ethics. As officials' exemplary role in studying and observing the law is key to realizing the rule of law, they should study the law on a regular basis and set rules for such activities. Moral cultivation, as a basis for building a good reputation and winning the public's trust, is a crucial factor contributing to the development of officials. They must take the lead in enhancing ethics and practicing the core socialist values. Furthermore, they should follow the Party spirit, observe high ethical standards, and set good examples of caring for family members, providing suitable ethical education for their children, and pursuing a wholesome lifestyle. Officials must maintain the noble character and political integrity of Communists, and, through their concrete actions, motivate the public to pursue virtue, and respect and observe the law.
要发挥领导干部在依法治国和以德治国中的关键作用。领导干部既应该做全面依法治国的重要组织者、推动者,也应该做道德建设的积极倡导者、示范者。要坚持把领导干部带头学法、模范守法作为全面依法治国的关键,推动领导干部学法经常化、制度化。以德修身、以德立威、以德服众,是干部成长成才的重要因素。领导干部要努力成为全社会的道德楷模,带头践行社会主义核心价值观,讲党性、重品行、作表率,带头注重家庭、家教、家风,保持共产党人的高尚品格和廉洁操守,以实际行动带动全社会崇德向善、尊法守法。
信息来源:《坚持依法治国和以德治国相结合》,出自《习近平谈治国理政》 第二卷
文字整理人:陈慧敏
送审人:李响林、翟洁
审核人:唐琳、张景新