论德治与法治的统一

On the Unity of Rule by Law and Rule by Virtue

道德与法律是人类社会中两大基本的社会规范，在治国过程中发挥着异形互补的作用。以德治国就是依靠人类道德规范和社会成员的普遍自觉性治理国家，道德的引导性、防患性和持久性的特点决定了道德可以成为一种安邦治国的规则体系，而法律则往往是把人类道德规范外在化和强制化的结果。中国历史上德主法辅的治国方针源远流长，而西方历史上的法治思想则十分突出。现代中国政治的症结不仅是缺乏法治，而且是道德与法律两重困素的共同缺失。因此，要建立法治国家，必须克服唯法主义的偏向，提倡讲求道德与遵从法律的统一。

Morality and law are the two fundamental social norms in the human society, though differing from each other in form, playing a complementary the in administering a countly. Rule by virtue involves falling back on the human moral norm and the general consciousness of all social members in managing state affairs, in the sense that morality characteristic of features of guidance, preventiveness and lastingness can serve as a rule system by which to bring peace to the country and manage state affairs, while the law is generally the result of having the human moral norm externalized and compulsionized. The policy to run the countly with rule by virtue as its main body and rule by law as subsidiary, goes back to ancient times in Chinese history, while in Western history what is most conspicuous is their thinking on rule by law. The crux of the problem with modern Chinese politics lies not only in lacking rule by law, but also in want of dual factors of morality and law. Therefore, to build a country of rule by law, efforts must be done to overcome the tendency to rely only by law, and to advocate echieving the unity of striving for morality and abiding by law.