中西方公正观差异对制度伦理的影响

The Distinction of the Sense of Justice between Western & Chinese Societies and Its Effect on Regulatory Ethics

阐述了西方社会和中国传统的公正观演进历程,以及它们对制度伦理的渗透。西方制度伦理是"以恶抑恶"为规则的体系,利用恶去抑制恶,其目的是"以恶增善"。中国制度伦理是"以善抑恶"为规则体系,它把道德教化放在首位,用道德来代替制度。中西方的不同文化及公正观,导致制定的体制和规则出发点不同。

This article discusses the variation process of the sense of justice in western and traditional Chinese society, and its effect on regulatory ethics. Western regulatory ethics takes ＂making use of evil to restrain evil＂ as its regulatory principle, whose purpose is ＂to increase goodness by evil＂, while Chinese regulatory ethics employs ＂taking goodness in restraining evil＂ as its regulatory principle. The Chinese regulatory ethics puts morality in the first place, using morality to replace regulatory systems. The distinctions of cultures and the sense of justice between western and Chinese societies cause the different viewpoints in relevant systems and regulations.