作者：瞿郑龙
作者介绍：苏州大学王健法学院副教授，法学博士
出版日期：2025年8月9日
内容提要 现行中外法律体系中存在众多涉及“忠”的规范，这使得“忠”成为一个现实而普遍的法律概念、现象和问题，体系融贯地理解它们需要探究追问忠的义理。现代社会的“忠”涵括三重紧密相关、层层递进的规范性义理：忠于自我、忠于他人和忠于国家及其法律。忠于自我是主体对己的道德义务，也是主体忠于他人、忠于国家及其法律的基础；忠指向的“自我”是社会性自我，因而忠于自我必然而且应当经由“由己恕人”走向忠于他人；为了克服忠于自我、忠于他人的内在缺陷，忠应当扬弃为忠于国家及其法律。忠于自我体现在法律中，就是法律尊重和保护主体忠于自我的权利；忠于他人落实在法律上，主要表现为婚姻家庭领域和社会经济领域的“忠”规范；忠于国家及其法律表征为法律主体遵守宪法和法律的义务。基于忠的三重规范性义理，可以更为融贯地理解现行法律体系中“忠”规范的构造方式。
关键词 忠于自我 忠于他人 忠于法律 法律构造
Abstract: The current Chinese and foreign legal systems contain numerous norms related to ‘loyalty’, which makes ‘loyalty’ a practical and significant legal concept, phenomenon, and issue. In order to understand these norms of loyalty systematically and coherently, we should reflect and interrogate the normative rationale of loyalty. The normative rationale of ‘loyalty’ in modern society contains three systemically conjugated and progressively layered principles: loyalty to oneself, loyalty to others and loyalty to the country and its law. Loyalty to oneself imposes moral obligations upon the subject, which also constructs the basis of loyalty to others and loyalty to the country and its law. The ‘self’ referred to by loyalty is a kind of social self, which means that we should treat others as we would like to be treated, and this makes loyalty to oneself inevitably and deservedly develop into loyalty to others. In order to overcome internal flaws of loyalty to oneself and loyalty to others, loyalty should develop into loyalty to the country and its law. The way in which the law upholds the principle of loyalty to oneself is that the law respects and protects the rights of subjects to act in accordance with one’s authentic will. Loyalty to others in law mainly prescribes norms of ‘loyalty’ for familial matters and socio-economic conduct. Loyalty to the country and its law is primarily embodied in legal subjects’ obligation to comply with constitutional and statutory laws. According to the three normative rationales of loyalty, we can understand the way the legal system constructs the norms of ‘loyalty’ more systematically and coherently.