法治理论的与时俱进——从儒家思想看和谐社会的构建

Rule of Law in Times——the Construction of Harmonious Society from the Perspective of Confucianism

作为中国古代法律理论基础的儒家思想之所以能够统治封建社会达两千年之久,与其不断的创新有密切联系。这对于构建和谐社会,坚持法治理论的与时俱进,也具有重要指导意义。当前中国的法治理论中存在诸多不足,只有遵循江泽民、胡锦涛同志的理论,与时俱进,才能真正实现法治,具体来说要完善政府主导型的法治道路理论,完善法律体系本身及法律的配套制度,坚持移植为主,继承为辅;法治为主,道德为辅。

Confucianism,the foundation of ancient Chinese legal theory,had played a leading role in the feudal society for almost two thousand years,largely owing to the new ideas brought forth constantly.It makes great sense as well as for the theory of the rule of law to be updated in order to build Harmonious Society.China would achieve the goal of ruling of law absolutely were complied with Comrade Jiang Zemin and Hu Jintao’s theory-be updated with the times,as failure exists in the current theory of rule of law in China.To be specific,the theory of government-leading way to ruling of law should be improved,as well as the legal system and the corresponding institutions.Always put the transplanting first,while inheriting second;Take the rule of law as main point while morals minor.