儒家伦理与法治精神

Confucian Ethics and the Spirit of Ruling by Law

信用缺失、纲纪崩坏、吏治腐败是当前最为突出的社会问题,对于产生这种法治困境的深层原因,人们普遍将其归结为制度不健全。而儒家文化对市场经济的不适应症状,是儒家伦理对法治精神的消解和化约。儒家文化中的等级伦理、宗法伦理、和合伦理与法治精神格格不入,严重阻滞着法治所追求的公平、正义、自由、权利的实现。

The lack of credit, the collapse of discipline and the corruption of local administration are serious social problems at present, the cause of whieh is generally attributed to the imperfect systems. The symptoms that the Confucian culture does not adapt to the market economy are the neutralization and the deduction of Confucian ethics to the spirit of ruling by law. The hierarchy ethics, the patriarchal ethics and harmonious ethics in the Confucian culture are incompatible with the spirit of ruling by law, holding back the realization of the fairness, justice, freedom and rights that the ruling by law pursues.