中国古代德治传统及其借鉴

The Chinese Ancient Tradition of ruling by Virtue and Its Reference

中国古代德治传统,一是要求统治者集团以身作则,注意修身和勤政,充分发挥道德感化作用;二是重视对民众的道德教化,“为政以德”,德主刑辅。前者忽视常人本性,仅靠道德觉悟解决廉政勤政过于理想化,因此德治必须和法制相结合。后者洋溢的“民本”思想和利用家族伦理关系进行道德教育的做法值得借鉴,但要区分民本和民主的界限,警惕过分推崇道德,导致道德化法律的危险。法治（依法治国）包含了工具性价值和目的性价值两层含义。法治和德治只是在工具性价值层面上相辅相成、相互促进。

The Chinese ancient tradition of dezhi is composed of two aspects. One is that it requires the Regi-ment set itself an example and pay attention to cultivate their morality and be industrious to administra-tion, called 'yidefuren', which fully exerts its function of moral reforming. The other is to attach impor-tance to the moral cultivation to the folk, wei zheng yi de and virtue subjecting to punishment. The former neglect the human nature and it is too ideal that it attempt to achieve honest government and indus-trious government by moral consciousness solely, thus the combination of ruling by virtue and legal system is needed. While the latter owns the folk - based thought and the way of moral cultivation with family -ethic tie, which is worth to use for reference. However, we should distinguish the folk - base from de-mocracy lest canonize morality excessively to moralize the law. Rule of law consists of double meaning of instrumental value and ideological value. So ruling of law and ruling by virtue supplement and promote each other at the instrumental virtue level.