道德与法律作为两种评价标准,既对立又统一。在通常情况下,法律作为道德的底线,将一些道德标准制度化,通过国家强制力保证实现。在实践中,道德不仅在立法活动中对法律的形成产生作用,近年来还尤其显著的对司法审判活动产生了一定的影响。但在司法审判活动中,道德评价的地位和作用如何,却应该以更加审慎的态度进行考量。 As the two evaluation criteria, morality and law are antitheses and unities. Under normal circumstances, the law, as the bottom line of morality, institutionalizes some moral standards and guarantees them through state coercion. In practice, morality not only has an effect on the formation of law in the legislative activities, but also has an especially significant impact on judicial adjudication activities in recent years. However, judicatory activities, the status and role of moral assessment, but should be considered with more cautious attitude.