中国人民大学法学院考研复试英语题目及答案.docVIP

法理： 法与国家权力的关系 法律和社会的关系？When I was a middle school student, my political teacher told me that if I want to tell something about the relationship between two notions, I should either say something about the sameness and differences as well. I think this is true. So in face of this question, I will compare the sameness of the law and the morality first; and after that, I will tell the difference between the law and the morality. So now let me compare the sameness. 上层建筑――经济基础First of all, to make this point in a political way, the law and the morality are both determined by the economic foundation. So we can call that the law and the morality are both superstructure of the society and both of them play important role in the society. 道德――法 Secondly, the morality contributes much to the law. For example, sometimes, the legal order should be and in reality it is kept or maintained by the morality. We can imagine that if morality is not observed, the law can be easily infringed.法――道德 Now thirdly, I should say the law is very important to the morality as well. In fact, the law is determined by many factors including some morality factors. So keeping the legal order is just the proper way to keep the moral order of the society. Ok, just now, I have told your something about the sameness between the law and the morality. And now I want the reveal the differences between the two notions. In fact, there are many differentiations between the law and the morality. 形成时间Firstly, the morality emerged far earlier the law. Even in the primitive society, there was morality but the law did not emerge until the state is built in the slavery society.　　　　　　　　　　　　　　　　　　表现形式 secondly, the form or the appearance of the law and the morality is not same. We can see that the law has the definitude form, and the effectiveness of the law is assured by the state, but the morality often has no form at all and they just has its roots in the people’ heart. 作用机制And thirdly, the action mechanism of them