秦法治与德治兼用初探

On the Rule of Law and the Virtue of the Qin

秦国是在商鞅变法后,才实现国富兵强的。对于推进这一变革的中坚力量"秦律",却被后人用简单的"严苛"两个字笼统概括。但随着对秦出土文献中所记载法律条文的仔细认识,学者们发现秦法并非"严苛"二字所能涵盖的,秦统治者在依靠法律手段的同时,已认识到道德在保障社会安定方面的作用,并开始尝试利用法律手段把这种作用予以合理推进。

After Shangyang＇s Reform ,Qin Dynasty became rich and strong. The rules of Qin Dynasty is the backbone of the reform, which is considered as a simple word -harsh. With the understanding of legal rules in unearthed documents of Qin Dynasty, scholars found that we can＇t use ＂harsh＂ to describe the Laws of Qin Dynasty .As depending on law method ,the governor of Qin Dynasty have realized the uses of the moral in guaranteeing the social stability and began to try to improve this use reasonably with the legal method.