从儒家思想的复兴看法治与德治

Compare the Rule by Law and the Rule by Virtue from the Renaissance of Confucianism

近年来,儒学、儒家文化呈现复兴的态势。儒家思想是中华民族传统文化、传统哲学的重要财富。儒家倡导的人与人的关系、人与社会的关系,渗透于其所谓的治国方略之中,使中国传统法治思想中充满了德治的因素。传承了两千多年的儒家文化不应归于消灭。从中国的社会形态、观念形态来看,传统的儒家思想对现代的法治社会建设也应有其积极的作用,且可以为我们的依法治国方略提供重要的思想资源。正视我们的传统思想和文化,注重其中所蕴含的人性因素对我国法治建设是有重要意义的。

There has been a trend that the Confucianism and Confucian are on the way to renaissance. Confucianism is the precious treasure of the traditional culture and philosophy of China. Confucianism has classie explanations of the relationship between men and the relationship between men and the society, whieh was represented in its method of ruling country and made the traditional legal theory full of elements of the rule by virtue. Chinese traditional culture that has de- veloped for more than two thousands of years should not be perished. According to the morphologies of our soeiety and notion, the traditional Confucianism should have positive function to the building of modern society governed by law and supply important thought resouree to the policy of ruling by law. It is a great signifieance for China legal construction to research the traditional theories and culture and human nature.