先秦时期德治与法治关系辨析

Relationship between Rule of Virtue and Rule of Law in the Pre-Qin Period

德治与法治本源于西周时期的礼治,至春秋战国时期,逐渐从礼治中分离出来,成为两种不同的治国手段。儒家虽重“德治”,但也承认“法治”的重要作用;而法家虽特重“法治”,然亦不排斥“德治”。

Rule of virtue and rule of law originate from the rule of courtesy of the Western Zhou Dynasty. In the period of Spring and Autumn and Warring States, they gradually separated from the rule of courtesy and became two different means of ruling the country. The School of Confucianism emphasizes rule of virtue but it also acknowledges its vitality of rule of law; however, the school of law stresses rule of law but does not exclude rule of virtue.