先秦儒、墨、道、法家君臣关系理论浅析

The Study on the Theory of Relationship Between Rulers and Ministers of Pre-Qin Dynasty

先秦时期,以儒、墨、道、法家为代表的各大学派针对君臣关系进行了一些讨论。儒家认为君臣关系应建立在礼义基础之上,墨家认为君臣之间应是“兼相爱、交相利”的关系,法家认为君臣之间是纯粹的利益关系,道家则主张以“无为”处理君臣关系、分配君权与臣权。对这些理论进行探讨,发现其价值、规律,有助于深入理解中国法律传统的基本精神,并吸取其可资借鉴处。

The Pre-Qin Dynasty is very essential to the development of our ancient legal ideology. During this period many schools such as Confucianism, Mojia, Taoism and Fajia discussed the relationship between ruler and ministers. Confucianism thought the relationship between ruler and ministers was based on courtesy. Mojia thought the relationship should be equal. Fajia thought the relationship between ruler and ministers should merely be a beneficial relationship. Taoism suggested the relationship between ruler and ministers should be coped with doing nothing. The study on these theories is helpful to find out their regularity and understand the spirits of our ancient legal ideology deeply.