治吏:中国历代法律的“宗旨”——读《法治是什么:从贵族法治到民主法治》

Governing Officials——The purpose of Chinese Legal System in the Past Dynasties

中国历代法律的宗旨是"治吏"。韩非子先从实效角度提出"明主治吏不治民",王夫之为之赋予崇高的价值追求,提出"严以治吏,宽以养民",从而将帝制中国法制精义一语道破。《法治是什么》以社会转型理论为依据,将中国历史上的法治分为贵族法治、帝制法治和民主法治三个阶段和两次转型,集中论述"治吏"这一宗旨在其中的不同表现形式。它是将法史学的微观考查和宏观视野很好结合起来的法史学著述范例。

The purpose of legal system in the past dynasties is governing officials. Han Fei first proposed that the wise monarch tends to regulate the officials instead of ruling the people from the point of the effective- ness. Wang Fuzhi thought to give high value pursuit, and put forward strict with government officials, be wide to raise the people, which hit the legal gist to imperial China. What Is the Rule of Law based on the theory of social transformation, so that the rule of law in Chinese history can be divided into aristocratic rule of law, im- perial rule of law and democratic rule of law. The three periods and two transformation focusing on streamlining officials in different manifestations. What Is the Rule of Lawis the exampleof legal historiography which com- bines the microscopic observation with the macroscopic view.