先秦《法经》实践的理性分析

Rational Analysis of Practice Chosen by Fa Jing of the Pre-qin Period

魏之国相李悝搜集春秋末期以来各国的法律条文,汇编成《法经》六篇,使其成为我国历史上第一部比较完整的法典。他认为,"王者之政莫急于盗贼",把防范和惩罚盗贼看作保障社会秩序的最重要的法律问题。作为李悝法制思想的核心——《法经》影响极为久远。《法经》的出现标志着中国法治历史序幕的正式拉开,也对当前构建和谐社会具有重要的法制借鉴意义。

LI Li, the prime minister of the Wei State, assembled the legal provisions of every state since the end of the Spring and Autumn Period into Fa Jing with 6 items in it, making it the first comparatively perfect statute book in Chinese history. His ideas could be coneluded that the ruler should accord topmost priority to the social environment, keeping away and punishing the pilferem should be considered as the essentially important legal problem. As the core of LI Li＇s idea about legal system, Fa Jing had the extremely profound influence. SHANG Yang carried it with him to the Qin State. The appearance of Fa Jing sym/3olizes the opening of the historical prelude of a law-governing China and has also the quotable significance for the legal system in constructing a harmonious society.