循天理、随势变——方苞法律思想论析

Observing Principles and Changing According to Circumstances——On Fang Bao's Legal Thought

方苞是清代著名的古文家,被尊奉为桐城派三祖之一。基于对天理与人性的认识,方苞的法律思想对后世也产生了重要影响。他主张法应循天理,随势变,形成了"道不可异"与"制可更"相结合的法律时变说、"以道明民"与"下无遁情而罚必中"相结合的司法观以及制度建设与识才技巧相结合的选举论。他将对治法的理想追求与现实需要紧密结合,体现并适应了时代潮流。

Fang Bao is a famous ancient-style prose writer,which is regarded as one of the three founders of Tongcheng School.Fang Bao＇s Legal thought influenced later ages considerably.Based on the understanding of heavenly principles and human nature,he insisted the law should observe principles and change according to circumstances.He thought regulations could be changed but principles ought to be unchangeable;sins which run counter to princles should be punished according to law and its facts,and the brain could be selected by exploring better systems and ways.In this way,he combined the ideal of the law and the needs of the reality,which reflected and met the trend of the times.