社会转弯期的良法机理——毛泽东《商鞅徙木立信论》中的良法观

The Theory of Good Law in the Turning Period of Society——the Idea of Good Law from Mao Zedong's How Shangyang Established Credit

在全面推进依法治国的当代,毛泽东《商鞅徙木立信论》中的良法思想具有重要的理论和实践意义。他认为,法律是为人民谋取幸福的工具。良法能够促进惩奸保民、国家富强、树立国威并节约资源。良法成立的继受标准,在于民众接受并守法。但是,良法不容易被民众立刻接受,往往需要国家权力作为中介,以发挥关键性的推动作用,找到突破点的同时设定好关键点,开启民智,以促进良法确立和实现。

In the era to comprehensively advance the rule of law, the good law theory in Mao Zedong＇s article How Shan- gyang Established Credit has important theoretical and practical significance. It is argued in Mao＇s article that the law is a tool to seek happiness for the people. Good law is to punish the wicked and protect the people, reinforce the prosperity of the coun- try, establish prestige and save resources. The standard of legislation is in that the public accept and abide by the law. Howev- er, a good law is not to be immediately accepted by people and the state power is usually necessary to work as the medium and function with critical force in which the breakthrough point is found and the critical point is set so that the people are enlight- ened to promote the establishing and realization of the good law.