在中国古代社会,法与德相互影响、相互渗透,形成了以“礼法合一”为特征的伦理法。道德规范是传统法律的载体,同时处于法律的上位。这种法德关系的形成,主要是受家族主义文化和封建君主统治的影响。在建设社会主义法治国家的今天,我们可以在制定法律的过程中,参考道德因素,但法律一旦制定出来,就应坚持依法治国。 In ancient Chinese society, law and morality influenced and interpenetrated each other, forming an ethical law characterized by “unity of etiquette and rites.” Ethics is the carrier of traditional law and is at the same time legal. The formation of this relationship between France and Germany was mainly influenced by the culture of the nationalism and the feudal monarchy. In the process of building a socialist country governed by the rule of law, we can make reference to moral factors in the process of formulating laws. However, once the law has been formulated, we should insist on governing the country according to law.