论法治、人治与德治的关系——中国与西方人治、法治思想之比较

On the Rule of Law,the Rule of Man and Virtue——Comparison of the Rule of Man and of Law in West and China

自古以来中国与西方就一直存在着人治与法治之争。在理论上,古往今来的既有提倡人治的,又有提倡法治的,还有主张二者相结合的,这场论战直到现在也未形成定论;在实践上,在中西方都是实施人治的历史悠而久,实施法治的历史、法治的推行困难重重。目前的情况也只能说明人治与法治并存,并没有谁取得了决定性的胜利。在现有条件下,我们可以认为,相比人治或者法治,将人治和法治相结合似乎更为可行和合理。在当今的中国,我们要真正实现理想社会的目标,应当构建起一种符合我国国情和历史传统的治理模式———"以法治为本,重视德治,兼顾人治"———在努力实现以法治为治国之本的前提下,在充分发挥人的治国作用的同时,以法治和德治共同制约人治,以达到三者的和谐与统一。

Since ancient times there has been a dispute about the rule of law and the rule of man in the West and China.In theory,through the ages the rule of man has been promoted,and so has the rule of law,as well as a combination of both has been advocated.So the debate has so far not formed a conclusion.In practice,the implementation of the rule of man in the history both in China the West lasted for a long time,and there are a lot of difficulties in the implementation of rule of law.In present situation we can only explain the coexistence of rule of man and of law,neither of which won a decisive victory.Under current conditions we can believe that compared with the only rule of man or of law the coexistence of rule of men and of law seems to be more feasible and reasonable.In today＇s China,in order to truly achieve the goal of an ideal society we should build up governance form in accordance with China＇s national conditions and historical traditions-＂the rule of law-oriented,attention to virtue,both the rule of man＂-and taking in efforts to achieve the rule of law as the premise of the rule,in full playing to the man＇s role in the country,the rule of law and of virtue condition the rule of man together,in order to achieve harmony and unity of the three.