礼法之治:传统良法善治方略钩沉

The Rule of Lifa: A Retrospect of the Traditional Good Law and Good Governance Strategy

中国古贤推崇之良法善治,可概称"礼法之治"。礼法之治有六个面相,本文论及四端,分别是以礼法为"治法",以中道为治道,以君子为"治人"和以德政为治政。在法治中国建设中,应当认真对待中华法系传统。为此,必须重新认识这一传统,寻求中华法系之"自我"。

The good law and good governance advocated by ancient Chinese sages could be regarded as the rule of lifa 礼法(literally rituals and law), out of which six aspects can be identified. In this article, we try to focus on its following four aspects: lifa was regarded as zhifa 治法(literally the effective law); zhongdao 中道(literally way of the mean) as zhidao 治道(literally way of law and order); junzi 君子(literally man of virtue) as zhiren 治人(literally man qualified for governance); and dezheng 德政(literally virtuous governance) as shanzheng 善政(good governance). In building the rule of law, the ancient Chinese legal tradition should be taken seriously. For this reason, it is necessary to re-recognize this tradition and seek the true 'self' of the ancient Chinese law system.