法治与德治衡论

The rule of law opposes the moralism that infers politics from morality,but it opposes in no case morality itself.The rule of law and the rule of virtue mould the order of social life in the period of market economy,each playing its own role.Moreover,the establishment and maintenance of the rule of law can not deviate from the base of morality.On the one hand,as a leading social regulatory instrument,law must regard morality as its base and function in unison with moral requirements;on the other hand,the rule of law needs the support of morality.The unification of the rule of law and the rule of virtue is inexorably an internal one .The rule of law is the idea and system of modernity and the morality. It is bound to be the morality of modernity.Therefore,the internal unification of the rule of law and the rule of virtue must take the development of market economy as its social base.