法律视域下先秦和谐思想之嬗变

On the Transformation of Pre-Qin Idea of Harmony from Legal Perspective

和谐思想肇端于先秦,其内容涵括政治、经济、社会、文化等诸领域。从法律视角看,先秦的和谐思想表现为一个嬗变的过程。即由对天人关系的体认到因循天理的则天行刑,由德刑兼施到注重法制教化,由刑罚尚中的实践到法尚公平新理念的提出,由偏重对息讼无讼的弘扬到采取定分的办法来止息争端。

Idea of harmony occurs in Pre - Qin period and it is related to politics, economics, society and culture. From legal perspective, it embodies in a kind of transformational process, that is, a change from the recognition of the relation between heaven and man to the execution according to the law of heaven, a change from the incorporation of both morals and corporal punishment to an emphasis on legality and enlightenment by education, a change from advocating the doctrine of the mean concerning punishment to a new idea of advocating justice, and a change from the praise of dropping a lawsuit and starting no law suit to the method of solving problems by adopting a way to settle, not to dispute.