The origin of the combination of rule of law and rule of virtue-From the perspective of social community and human nature
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D920;D648

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    Abstract:

    A social community is a society where people trust,identify,unite and help each other,and have cohesion under common values.In this kind of society,people are glued together by interest and emotion.However,in the face of conflicts of interest,it is not enough to rely on fairness to maintain the bond between interests.It is also necessary to establish emotional bonds between social subjects so that individuals can realize that they are an inseparable and organic part of the community.
    From the significant advantages of China's national system and national governance system,it can be found that China's national governance strives to establish a social community.The whole society needs to gather social consensus under the leadership of the Party,unite together ideologically and spiritually,and achieve a common social goal.In the construction of a social community,the rule of law and the rule of virtue play a complementary and mutually helpful role.The rule of law is a way of governance that gives the law the supreme political status,so that it has the authority and energy to govern.The rule of virtue is a way of governance that gives morality a lofty value status,so that it has the authority and energy to govern.The rule of law focuses on establishing order in social differentiation,while the rule of virtue strives to bridge the emotional alienation and value rift in social differentiation.The two play a complementary role in the construction of a social community.The rule of law and the rule of virtue also have mutual assistance.First,the rule of law guarantees the bottom line of morality,and it also provides a reliable guarantee for the rule of morality.Second,the rule of virtue has consolidated the foundation of the rule of law.The rule of virtue can maintain and strengthen the social moral bond and further consolidate the moral foundation of the law.
    The combination of rule of law and rule of virtue is not only the best combination of social community governance,but also has a humannature foundation,and this human nature foundation can also be confirmed by the mental mechanism of the brain.According to modern psychology and brain neuroscience,there are two systems in the brain.One is responsible for logical operations,which is a rational system without emotions,and the other is a system that generates emotions directly when receiving external stimuli.These two systems not only divide labor and cooperate,but also restrict each other.Because of the function of law to adjust interest relations,it needs to rely on the brain's rational system.The rule of virtue relies on the emotional system of the brain,and further adjusts the emotional system,strengthens the emotional bond between people to achieve a kind of order.The traditional Chinese rule of virtue is a kind of social governance carried out by adjusting people's emotional system.
    In a community,there is a spiritual isomorphic relationship between the individual and the community.The country as an organism,like the individual brain system,has two major systems.Corresponding to the personal rational system is the national rational system,and the individual emotional system corresponds to the social common emotional system.In national governance,it is necessary to coordinate individual rationality with national rationality,and coordinate individual emotions and social common emotions based on the spiritual isomorphism between the individual and the country,and realize the common development and mutual balance of the rational system and emotional system at the national level.In the spiritual isomorphism of the individual and the community,the role of the rule of law is to promote the unity of individual rationality and national rationality,and the role of the rule ofvirtue is to promote the unity of individual emotions and common emotions,and ultimately connect the individual spiritual system and the spiritual system of the community.In this spiritual isomorphism,the state and the individual have a spiritual interaction.The state obtains a huge spiritual energy from the individual,and the individual obtains a sense of security,a sense of value,and a sense of power against the outside world from the state.At the same time,the combination of rule of law and rule of virtue can help the rational system and emotional system of the community and the individual to produce a balanced relationship,so that the spiritual system of the community and the individual can develop healthily.

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郭忠.德法合治探源——从社会共同体与人性的角度切入[J].重庆大学学报社会科学版,2022,28(1):231~244

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  • Online: March 11,2022
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