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法律与道德的关系一直是国内外法学界讨论的争议话题,面对近些年中国社会频繁发生的“摔倒老人无人敢扶”的事件,学术界又掀起了一股讨论“见危不救”应否入罪的浪潮。本文从见危不救应否入罪的争议出发,再次思考法律与道德的关系,主张虽然法律与道德属于两种规范体系,但它们之间存在必然的联系,在道德不能有效规制人们对社会的不利行为时,可适当将道德法律化,调整人们的行为。
The relationship between law and morality has always been a controversial topic discussed by law circles at home and abroad. In the face of the frequent occurrence of “falling old people in the world” in recent years, there has been a discussion in academia that “ See danger not help ”should be credited with the tide of sin. Starting from the controversy that whether danger should be turned into a crime or not, this article again considers the relationship between law and morality, arguing that while law and morality belong to two kinds of normative systems, there is a necessary relationship between them, and morality can not effectively regulate people’s social In the event of adverse behavior, morality may be lawfully adjusted to regulate people’s behavior.