中国传统“德主刑辅”的历史轨迹

The Historic Evolution of Chinese Tradition of Rule Principally of Virtue and Punishment as an Auxiliary Measure

作者认为“德法兼治”是中国传统的治国方略,发端于西周、确立于西汉、巩固于唐代的“德主刑辅”是中国“德法兼治”历史传统的主导倾向;“礼治”必然导致“人治”,“人治”强调“德治”,因而“礼治”是“德主刑辅”的社会历史根源。

This article holds that rule both of virtue and by law' is a traditional Chinese policy to run a state. It started during the Western Zhou Dynasty, but was established during the Western Han Dynasty. It was consolidated on the basis of rule principally of virtue and punishment as an auxiliary measure' of the Tang Dynasty which represents the dominant tendency in Chinese historic tradition; rule by manners' inevitably leads to rule with humanity' and rule with humanity' lays stress on rule of virtue', thus, rule by manners' is the social and historic origin of rule principally of virtue and punishment as an auxiliary measure' .