略论儒家法律思想与现代法治思想的冲突与融合

A Further Discussion on the Conflict and Integration Between Confucianist Legal Thought and Modern Nomocracy Ideology

从西汉"引礼入法"到清末"礼法之争",两千多年来,儒家法律思想一脉相承地在我国法律思想史上占据着极为重要的位置。虽然现代法治思想与儒家法律思想呈现出较大的冲突,但时代的发展也表明,儒家思想的博大精深及合理成分使它具有无限生命力,并能够在相当程度上与现代社会发展的深层需求相融合。反思儒家法律思想与现代法治思想的深层融合点,挖掘传统法律文化鲜活的现实作用,对我国当代法治建设及社会主义和谐社会建设大有裨益。

From 'introducted etiquette to law' in Western Han dynasty to 'the dispute between etiquette and law'in the end of Qing dynasty,confucianist legal thought has occupied a very important position in the history of Chinese legal thought.There is a large conflict between confucianist legal thought and modern nomocracy ideology,but the development of times showed that confucianist legal thought integrated with the deep demand of the development of modern society to a certain extent because it's broadness and profoundness and reasonable components which made itself an infinite vitality.Based on the postion,The article makes an actively explore and learn the essence of the traditional legal culture,discusses the spiritual essence of confucianist legal thought and analyzes its conflict with the modern nomocracy ideology to obtain a serious reflection on the integration between confucianist legal thought and modern nomocracy ideology and to dig deep reality role of the traditional legal culture,which will provide a useful reference and thought for the building of law and harmonious socialist society.