法治视野下的忠恕思想

Loyalty and Forgiveness in the View of Government by Law

在现代中国,法治不但是社会主义核心价值观基本理念的凝练,也是党的十八届四中全会的唯一议题。我们建设以平等、自由、公正为核心内容的社会主义法治须从传统文化中汲取营养。尽管孔子没有平等、自由、公正的概念,但并不意味着孔子没有与之类似的思想,被曾子概括为"忠恕"思想的"己所不欲,勿施于人"和"己欲立而立人,己欲达而达人",便和自由、平等、公正思想有暗合之处。用忠恕思想阐释平等、自由、公正,可以避免西方曾出现过的极端个人主义倾向,也会缩短建立良性法治的进程。

In modern China, government by law is not only the condensation of the basic ideals of socialist core values, but also the only topic for discussion in the fourth plenary session of the eighteenth Central Committee. In order to build socialist legal system with the core ideas of ＂equality, freedom, and justice＂, it is necessary for us to gain the nutrition from traditional culture. Although Confucius didn＇ t raise the concepts of ＂equality, freedom, and justice＂, he had similar thoughts indeed. His famous sentences like ＂Don＇ t do to others what you don＇ t want done to yourself＂, and ＂One can make achievements for himself by helping others to get success＂, were summarized by Zengzi as the idea of ＂loyalty and forgiveness＂, and in nature these thoughts coincided with ＂equality ,freedom, and justice＂. If we explain ＂equality, freedom, and justice＂ with the idea of ＂loyalty and forgiveness＂, it is possible for us to avoid the tendency of extreme individualism once existent in the west countries, and also to shorten the process of setting up the healthy legal system.