论董仲舒的法政思想及其历史意义

On Dong Zhongshu's Legal and Political Thought and Its Historical Significance

董仲舒是汉代治《公羊春秋》的一代鸿儒,其思想主张在《天人三策》中初显,后在《春秋繁露》中更加成熟和系统化。他的政权三重正当性论为君主专制统治的正当性提供了完整的、体系化的理论依据;天人感应论和灾异说不仅有力地论证了君权天授,还起到制约君主专制和指导统治方略之德礼政刑的作用;"中民之性"的人性论直接继承和发展了孔子的思想,为国家礼法制度提供了人性论依据;《春秋》决狱不仅纠正了汉承秦制以来法律的教条和僵化,而且开启了传统中国衡平司法的先河。

Dong Zhongshu, a great Confucian ideologist in Han Dynasty, had an idea preliminarily embodied in the article of Tian Ren San Ce, and later in the book of Chun Qiu Fan Lou more maturely and systematically. His theory of triple legitimacy provided a systemic and theoretical basis for monarchy; his theory of Calamity Punishments by Interaction between Man and Nature not only powerfully demonstrated the Divine Right of Kings, but also restricted the autocratic monarchy and guided governing agendas. The idea of the ＂nature of the common people＂ directly inherited and developed the thoughts of Confucius, and provided the theoretical basis for national legal systems~ The Chun Qiu style of handling cases not only corrected the dogmatic and rigid law in Qin Dynasty, but also opened an era of the balance of justice in traditional China.