《淮南子》法治理念思想与实践探究

Study on the law thoughts and practices of Huainan Zi

《淮南子》一书由汉初淮南王刘安及其宾客集体撰写而成,它以"道"和"无为"分别作为思想的理论和实践基础,蕴含了丰富的法治思想和理念。在治国理念方面,强调德治和法治的结合,实现"以道统法"。《淮南子》认为"法生于义",法源于社会现实,因而提出"立法为民"的思想;其强调法律至上,提出"法不阿贵,尊卑同刑",甚至君主也必须遵守;主张"法与时变",要求法律制度与社会发展状态相适应。研究其蕴含的法律思想,既是传承、转化、汲取优秀的法律文化遗产的需要,也是服务于地方法治建设、弘扬法治文明的需要。

Huainan Zi was written by Huainan Emperor Liu An and his guests in early Han Dynasty.＂Tao＂ and ＂Inaction＂ were the theoretical and practical foundation of its thought which contains a wealth legal thought. The author put forward that Law and Virtue should be packed together in governing a Country with the goal that Law dominated by ＂Tao＂. Huainan Zi suggests that Law is coming from Justice and Reality, so legislation should benefit the Public. It also realizes that all people are equal before the Law,the law does not protect the powerful persons, even though the emperor is no exception. It also suggests the law change with the social reality, so we should adjust the law change with the time. Studying on the thoughts of Huainan Zi is not only demanded by heritage of outstanding cultural, but also for the service to local construction of rule of law, promoting the rule of civilization.