中国古代礼法分立的历史进程及其意义

Historical Process and Meaning of the Separation of Rite from Law in Ancient China

中国古代无论在制度方面还是在观念方面,礼与法的关系总是表现得至为密切。从早期历史上礼的无所不包,礼中有法,礼就是法,到后来历史上的法出于礼,礼法分立,充分体现出在中国古代维系社会秩序的行为规范和行为依据的确立与发展演进的历史过程。特别是从春秋战国以后的历史发展来看,作为制度的礼与法开始分立,逐渐形成了礼制与法制的两套具有不同内容的制度体系,在社会政治与生活方面发挥着不同的功能和作用。礼法分立的历史自秦汉以后一直延续到明清时代,其所体现的政治意义就是,在历代政治中,礼治与法治并用是一个基本的统治格局而又与整个王朝的兴衰相始终。

In both system and concept,rite and law were always closely related to each other in ancient China. From rite being all-embracing, rite being penetrated by law, and rite and law were the same thing in early history, to rite being the parent of law,and later, to the separation of law from rite, the historical process clearly illustrated the establishment and evolution of the basis and code of behavior supporting the social order in ancient times of China. Especially in the history since the Spring and Autumn period and the period of the Warring States, rite and law began to separate institutionally, and gradually became two sets of systems of rite and law, with different content, each playing a different role and function in social politics and life. The history of separation of rite and law lasted until the Ming and Qing dynasties ever since the Qin and Han dynasties. Its political significance is shown in the fact that in politics of all past dynasties, ruling by rite and ruliing by law enacted simultaneously had been the basic pattern to rule along with the rise and fall of every dynasty.