法家、儒家关于法的治国思想及其对现代法治和谐的启示

The Theory of Legalist and Confucianism Concerning Government Through Law and its Enlightenment about the Modern Harmonious Notion of Law

法家关于法的治国思想主要是以重刑治国的"以法治国"的思想,也提出了制定的法律必须得到一体遵行、"壹法"、"一尊"等主张;儒家关于法的治国思想主要是"德主刑辅"的思想,儒家的刑与法家所主张的法在根本内容上并无不同。其对现代法治和谐的正反两面的启示主要是:要重视法与人的和谐;形式意义上的法治与实质意义上法治的和谐;"治民"与"治吏"的和谐。

The theory of Legalist of law mainly is the thought of “rulewith law”, and there is also the opinion that law must be obeyed by all man.The theory of Confucianism of law mainly is the thought of “morality-primary and punishment-secondary”. The essential view is the same between penalty in Confucianism and law in Legalist. Its enlightenment about the modem law harmony is that we should pay attention to the harmony between law and man, “role of law” between formal meaning and substantial meaning, and between role people and supervise official.