西周的“德治”思想与法制建设

The Thought of'Rule by Virture' and Legislation of Western Zhou Dynasty

西周的“德治”思想形成于殷周更替之际 ,是对殷商暴政亡国教训的总结 ,主要表现为“以德配天”与“明德慎罚”的思想。在这一思想把“德”的观念引进社会政治与法制领域 ,蕴含着“敬天—明德—保民—受天命”之间的内在联系 ,是西周立法司法、治国理民的指导思想。这一思想及其指导下建立的西周法制所昭示的以人为本、以民为本、勤政为民、德刑并用、惩罚与教育相结合等社会政治发展方向和法制建设模式对以后传统中国产生了深远的影响。

The thought of rule by virtue formed in the turning period of Yin dynasty and Zhou dynasty.It was the summary form the lesson of the doom of Yin dynasty because of it's despotic rule.This thought mainly displayed itself as' worshiping God to win His trust by virtue' and'emphasizing virtue and being cautious with penalty'.Thus it introduced the idea of'virtue'to the social,political and legislating fields,which contained the internal relation of'worshing God,emphasizing virtue,protecting people,receiving God's will' and was the guiding thought of legislation,judicature,ruling the country and people of Western Zhou dynsty.The social and political development direction and legislation model of taking people and mases as the foundtion,diligently running the country for the people,properly using both virtue and penalty,combining penalty with teaching,etc.set by the above thought has brought enormous influence on China hereafter.