道德是法治的基础,道德主要是在人的精神层面发挥作用从而提高人的修养。道德属于文化范畴,是法治得以实施的基础,可以对法治起到支撑作用。法律与人情的调和必须由道德来解决,也就是说,道德和法律一样都是有分辨能力的,在立法的过程中,法律就要遵照道德标准。这样,法律和道德在基本判断上就不会出现分歧。 Morality is the foundation of the rule of law. Morality mainly plays a role in the spiritual level of man and thus enhances man’s accomplishment. Morality belongs to the category of culture and is the basis for the implementation of the rule of law. It can play a supporting role in the rule of law. The reconciliation of law and humanity must be solved by morality. That is to say, morality is as resolvable as the law. In the process of legislation, the law must follow the moral standards. In this way, law and morality will not be divided on the basic judgment.