儒家思想与中国传统社会法治的缺失

Confucianism and Absence of Law of China's Traditional Society

几千年来,儒家思想一直牢牢占据中国主流意识地位,成为人们行为规范和组织社会的思想渊源。特别是在社会调控方面,既是人们思想行为之基础,又是社会组织之依据。思想控制与组织体系的相辅相成,组成有效的社会调控网络。正是由于儒家思想及相应非正式社会调控的有效运行所形成的对社会的有效规制,导致了正式外在调控或制度化调控产生必要性的丧失,也即法治的缺失。

For thousands of years, Confucianism had dominated people＇ s mainstream of consciousness in China, and it was the thought springhead of code of conduct and social organizing. Especially in tenns of social adjustment, Confucianism is not only the basis for people＇ s thought and acts, but also the foundation for social organization. Thought control and organization systems supplement each other, thus forming an effective social control network. It is just the effective regulation shaped by Confucianism and informal social control, results in the absence of the rule of law.