对中国传统德治思想的批判性反思

Critical Reflection on the Chinese Traditional Thought of Virtue Rule

德治思想是中国传统法律思想中的重要组成部分,与礼治、人治一起被视为儒家法律传统的三个基本特征。德治思想对于当代的法治建设,既是一笔宝贵的财富,又是一个沉重的包袱。如何能够从中获得有益的经验,而又不陷入传统的窠臼,是摆在当代人面前的一个大问题,也考验着人们的胆识与智慧。

The thought of rule-by-moral is an important part of Chinese traditional legal thoughts. Together with the rule-by-etiquette and rule-by-man,they are considered as the three basic characteristics of the traditional Chinese law. The thought of rule is very important to the construction of rule of law,and it can be a valuable asset and can also be a heavy burden. How to get beneficial experience from it and avoid the negative influence are important issues that would test our courage and wisdom.