博弈·平衡·控制——中国传统法和谐价值解读

Game·Balance·Control——Investigation on Value of Harmony in Chinese Traditional Law

对于中国传统法的和谐价值的认识,可以将博弈、平衡、控制三个层面作为解读新法。博弈是传统法所面对的各种矛盾与冲突,这是传统法具有和谐价值的成因;平衡是传统法在博弈中解决矛盾与冲突的手段,这是传统法和谐价值的实际样态;控制是传统法所追求的目标价值,是经过博弈、平衡后的一种政治期许的实际效果。立足当今和谐社会与法治建设,以扬弃的态度解读传统法,这是传统法和谐价值的现代意义所在。

In order to understand value of harmony in Chinese traditional law, there is a new approach from the perspectives of game, balance and control. Game is the various antinomy and conflict that traditional law is faced and it is the reason why traditional law has value of harmony; balance is the way by which traditional law solves antinomy and conflict in the Game, and it is the actual situation of value of harmony in traditional law; control is the target value of traditional law ~and it is the actual effect of a kind of political expectation after game and balance. It is important to have a foothold in harmony society and construction of rule-by-law nowadays, and approach traditional law with the selective attitude, which is the modern significance in value of harmony of traditional law.