传统“德治”的意蕴——兼论德治与法治的关系

The Implication of Rule of Virtue in Traditional China——A Concurrent Analysison the Relationship between

中国传统"德治"形成于西汉,其内涵是德性、德政和道德教化。"德治"的基本意蕴:"德治"是以汉承秦制为背景的;"德治"是汲取秦朝独任刑罚教训的举措;"德治"是力主"德主刑辅"即发挥道德教化引导民众的主导作用;"德治"是倡导"前德后刑";"德治"是以法治为保障,以法治为标准和目标的。

The tradition of rule of virtue in China was formed in the Western Han Dynasty. Its connotation is virtue, benevolent rule and moral education. The basic implication of rule of virtue are： The rule of virtue in the Han Dynasty is based on the system which had been inherited from the Qin Dynasty;rule of virtue is the moves learnt from the measures of using punishments exclusively in the Qin Dynasty~ rule of virtue claims that punishment should be secondary while moral education primary, which means moral education should play a major role in guiding the people ;rule of virtue advocates that moral education should be conducted prior to punishment ; rule of virtue is guaranteed by rule of law and also set the rule of law as its standard and goal.