西宪理论与法家学说基本论点之辨析

Comparison with the Main Points between the Western Constitutionalist Theory and Fajia's Doctrine of the Pre-Qin Dynasty

西方宪政理论将法治、分权与制衡以及人权保障等原则奉为圭臬,并以法治、权力分制为治道,以人权保障为政治之目的。而先秦法家政治思想的核心是"法"、"术"、"势",并以"法"、"术"为手段,以加强君主之"势"为目的。二者分别把民主宪政理论和君主专制理论发展到相当的高度,并且在历史上都曾以其理论创新深刻地影响了人类文明的进程。

The rule of law, separation of powers, checks and balances, and the protection of human rights, are regarded as the main principles in the western constitutionalist theory, which takes all the above-mentioned as the political ends. However, Fajia＇s political doctrine of the Pre-Qin dynasty took ＂Fa＂ ,＂Shu＂ and ＂Shi＂ as the core, and ＂Fa＂,＂Shu＂ as the means, to strengthen the emperor＇s ＂Shi＂ as the ends. The two theories respec- tively developed the despotism doctrine and the democratic constitutionalism doctrine to quite a high level, and deeply influenced the development process of the human history and civilization through their theorists＇creation.