法治与德治的刚柔相济:一个治国理政问题的探讨

The Relationship between the Rigidity of Governing by Law and the Flexibility of Governing by Virtue:A Discussion on the Management of a Country

法治与德治的关系是影响当代中国社会发展的重要议题,也是理论界存在的争论焦点之一。在对法治与德治的概念进行辨析和厘定的基础上,提出并论证了法治与德治是一种优势互补的刚柔结合关系,并对"德主刑辅"和"刑主德辅"的主次关系,以及德法并举和德法并重的并列关系给予了立论反驳和回应。

The relationship between governing by law and governing by virtue is an important issue affecting the de- velopment of contemporary Chinese society, which is also one of the focuses of debate in the theoretical circle. On the basis of analyzing and clarifying the concepts of both governing by law and governing by virtue, the relationship between the two has been put forward and proved as one which is complementary in advantages and a combination between rigidity and flexibility. Some points have been made, refuted and responded in the present paper concerning such things as the primary or secondary status of the two （i. e. whether with virtue as the primary while law as the secondary or just the opposite） and the parallel relation between governing by virtue and governing by law （＂to pro- mote virtue and law simultaneously＂ and ＂to weigh virtue and law equally＂）.