儒家民族观影响下的中国古代民族法制

Chinese Ancient National Legal System Influenced by the National View of Confucianists

中国古代民族法制受到儒家民族观的深远影响。儒家民族观具有华夷有别、大一统、尊王攘夷、用夏变夷和因俗而治等内容。儒家认为华夷之间的本质区别在于是否具有礼乐文明,而夷人在接受了华夏的礼乐文明之后,则可以由夷入华。儒家民族观,其发展变化与适应以儒家为代表的华夏文明相一致。历代王朝制定治边政策时,主要遵循两种原则,一是"用夏变夷",一是"因俗而治",其目的均为实现儒家倡导的"王者无外""华夷一体"的大一统。儒家坚持"天下大同"的家国观,坚持"有教无类",将教化与仁、义、礼相结合,构成儒家民族观的基本要义。历代统治者制定针对汉地与四周少数民族的政策与法制时,都不同程度体现了儒家民族观的思想内涵。

Chinese ancient national legal system has been deeply influenced by Confucianism. The national view of Confucianists includes Hua-Yi distinction, the thought of great unity, revering the emperor and expelling the barbarians, assimilating the barbarians by Xia, and governance by customs, etc. Confucius held that the difference in essence between Hua and ancient tribes was whether they had ritual and music civilization. Ancient tribes would be assimilated into Hua when they had accepted ritual and music civilization of Huaxia. The development and adaptation of Conficianists＇ national view conform to the Huaxia civilization represented by Conficianists. When the rulers of all dynasties formulated the policies and laws governing minority nationalities, they mainly abided by two principles. One was assimilating the barbarians by Xia; the other was the governance by customs. The sole purpose was to realize the thought of great unity, which the Confucianists had advocated to build a kingdom without foreigners and the unity of Hua and barbarians. Confueianists held the great harmony of the world as their national view, advocated making no social distinction in teaching, integrated benevolence, righteousness and ritual with teaching, which constituted the fundamental elements of the Confucianists＇ national view. The policies and laws made by the rulers in all dynasties relating to the minority nationalities have all reflected the ideological connotation of Confucianism to some extent.