唐君毅的“人文法治”思想

Tang Junyi's Thought of "Humanity and the Rule of Law"

唐君毅认为现代中国的"法治"思想应该是东西方思想的汇通与融合,即集人治、法治、礼治、德治于一体的人文法治思想。中国古代的"人治"与"法治"思想的表述虽然有所不同,但归根结蒂都是人治;而西方社会的"法治"虽然在用词上与中国的"法治"并无区别,但在内涵上有很大不同。因此,只有二者的汇通与融合,才是现代人文法治之精华所在。

TANG Junyi once considered Chinese ＂the Rule of Law＂ should be a combination and integration between oriental thought and western one,that is,a united humanity thought with the rule of human,the rule of law,the rule of etiquette and the rule of virtue.Although there is a different explanation between the thought of ＂the rule of human＂ and the one of ＂the rule of law＂ in the ancient China,their origin purpose is the rule of human.However,apparently ＂the rule of law＂ in the western society is same as the one in Chinese society in the pragmatic issue;factually both are different in the connotation.Therefore,the combination and integration of two thoughts is the essence of the modern humanity and the rule of law.