“官法同构”：中国古代的大国治理之路

“Identity between Bureaucratic Establishment and Legal System”:The Way of Great-Power Governance in Ancient China

中国古代法律适应大国治理的基本需要,首先注重对于文武百官的全面治理。通过直接"治官",推动间接"治民",古代法律实现了"官民兼治"的双重目标。国家法律将普通社会主体概括为君、官、民三大类别,并对由其产生的君官、官官、官民三大涉官关系实行重点调整。重点调整涉官关系,重点规制官吏行为,推动法律对于文武百官实施紧逼式"贴身"规制,促成了"官法同构"的制度体系建构模式。在"官法同构"制度体系建构模式之下,古代法律紧紧抓住国家权力结构的重点部位与权力运作的关键环节,构建与官制体系相适应的法律体系,实现对于文武百官行为举止与社会关系的全覆盖,有效促进了国家治理与社会管理的秩序与效率。

In ancient China, the main body of the society was distinctly differentiated into emperor,government officials and the common people by law. On this basis, there are five kinds of social relations which should be regulated by different laws according to their differences. The relationships in relation to government officials, namely the relations between emperor and government officials, between government officials themselves and between government officials and the common people, were specially regulated by means of the control of the key parts of the power structure and the key links of the power operation system.In this way can the order and efficiency of state governance and social management effectively promoted.Based on the special regulation of the relationships in relation to government officials and the behavior of the government officials, the civil and military officials were personally strictly regulated by the law and the construction of the institutional model "identity between bureaucratic establishment and legal system"("官法同构") was promoted. The institutional model "identity between bureaucratic establishment and legal system" accords with the essential requirements of the great-power governance in ancient China, a country with large population, vast territory and diverse culture. This institutional model plays a positive role in maintaining national unity, imperial power and the centralized political system, and then in achieving political stability, improving management efficiency and so on.