The legalization process of morality will inevitably accompany the political process of morality. The morality of the law must be connected with political moralization, which is very dangerous.Politics and morality do not change the core of political struggles. Instead, it makes the morality of right and wrong, and become a tool for political struggle. Once it is pervasive, it will eventually bring the disintegration of social morality and the collapse of collective conscience.

China has recently planned to revise the punishment of public security management. Article 43 includes the words and deeds of "damage the spirit of the Chinese nation and harm the feelings of the Chinese nation" into the scope of punishment.According to reports, the China People's Congress.com shows that after review by the meeting of the Standing Committee of the National People's Congress)The 199219 people's opinion of 109,733 legislative opinions, most of the opinions were concentrated in the consideration of Article 43, and demanded cautious legislation.

There are two points of discussions that are concentrated in this article: First, the newly added "Chinese national emotion" as "legal benefits" -that is, the law firm wants to adjust the protection object -in the previous lawsThere have been almost no requirements for violations of legislative norms.If this legal benefit is rarely increased, it means a major revision of the legislative purpose.This is not the legislative qualification that can be assumed in the simple law and order management punishment law. It must be adjusted first before the order of the order.

2. The newly added "The spirit of the Chinese nation and hurt the feelings of the Chinese nation" is added.The essence of law enforcement power, as well as the extension of the fact that the referee, violates administrative rationality, and is likely to be the so -called "pocket crime".As a result, the lack of legitimacy of legal benefits and the lack of rationality setting in illegal behavior settings, the abrupt increase in the former has made the legal system lack of logic; the latter can easily cause major disadvantages in terms of specific execution.In summary, it is a major legal discussion about Article 43.

The main focus of society is the second point, that is, the content of illegal behavior statements is just a brief description, lack of rigorous and objective definition, and cannot provide any objective scale guidance for law enforcers. In fact, it is caused by law enforcement power.The expansion of downward and judgment.Regarding this vague content, grass -roots law enforcers have mastered the free tailoring scale that can use the most severe punishment means, which may lead to unstable state of chaos or inaction.The interpretation of this content involves both national dignity and no objective standards. It may evolve into a contest of discourse rights. In the end, the judicial interpretation of the right to the right to speak, and impacts the social stability of the law.

But if you think about it, the first point is actually more worthy of attention, that is, the focus of social attention should be that the "legal benefit" of the government's series of legislative agenda -that is, the concept of the law that the law wants to protect -increase and increase.This involves the fundamental adjustment and modification of legislative purposes: a series of signs see the national honorary title law of the heroes and martyrs, etc. The relevant "legal and benefits" are quite valuable, and the relevant "moral legislation" of China's "moral legislation" movement trend trends at the moment of China's current "moral legislation": That is, to legislate because of morality and legislation for morality.

Of course, if a huge country lacks moderate heart power, it will have the risk of disintegration; a huge society, if there is a lack of national morality of common faith, this society will also have a numb crisis.The moderate direction provided by the national ethics of common faith is the spiritual axis of the spiritual operation of society and the country.Americans may disdain this because they have a alternative "constitutional belief".There is no "constitutional belief" that is "national belief" and "doctrine belief", and vice versa, the essence is also necessary because it is necessary.But whether it is necessary to use the "legislation" to endorse the maximum and compulsory penalties to promote the moral agenda necessary for society, it is worth further discussing.

The punishment that the law endorses as the highest compulsory penalty punishment should only be used for results, not motivation, and cannot be used to promote the mandatory agenda of the motivation of society.Movement: The relationship between motivation and results is complicated. Good motivation may have good results, and good motivations may also occur. This is common sense.If the motive of "protecting the spirit of the Chinese nation and defending the dignity of the Chinese nation", it actually creates the result of "serious damage to the interests of the Chinese nation". How to apply the law, or award or punishment?This is one of the paradoxes applicable, which will complicate and lead to applicable unexplained.

Motivation is also invisible, and there is no rigorous and objective standard to determine the motivation that exists in one of the people.Someone may seem to have excellent motivation, but it may be very bad to hide; what is more terrible is to disguise with good motivation to practice extremely bad selfishness, and under the protection of the so -called motivationWith the right to speak, he has grasped the right to endorsement of the motivation of justice and goodness, orars on the judicial interpretation of the upper authority, or is a tragedy.

This is not a fallacy, which is commonly said that Da is like a pseudo -like, pseudo -loyalty, with a pseudo -decorative and carelessness, so that it can become a consistent appearance before and after, manifesting as loyalty; knowing good and evilAlas, in favor of the favor, opposition, opposition, but instead of being infidelity.Once the pseudo -pseudo has the right to speak, once the evil is in charge of Great Shan's judgment, the tragedy of the world may be difficult to avoid.This is the second of the legal paradox, which will be heterogeneous, leading to the applicable loss.

Further in all, the process of morality is bound to accompany the political process of morality.The law and politics are integrated into each other. The moralization of the law is inevitable that the morality of politics is very dangerous.The core logic of politics is to distinguish between enemy and friends and friends; the basic logic of morality is right, evil, evil, and evil.Politics and morality do not change the core of political struggles. Instead, it makes the morality of right and wrong, and become a tool for political struggle. Once it is pervasive, it will eventually bring the disintegration of social morality and the collapse of collective conscience.

For example, in the late Southern Song Dynasty and the end of the Ming Dynasty, social politics was deeply wrapped in Cheng Zhu Lixue and Yangming's Hearts.Under the iron hoofs of Mongolia and Manchuria, most of the shameful people of the integrity, only tens of thousands of ethnic minorities easily conquered hundreds of millions of people in the country, witnessed the weakness of moral politics.

It is a moral legislation, thinking twice, morality belongs to the field of society, and the field of illegal laws and politics, do not move flowers and wood.

The author is a research assistant of the Shanghai Institute of U.S. Institute of American Institutes