管仲法治思想探析

Guan Zhong’s Thoughts on the Rule of Law

从法治是治国理政的学问这一角度出发,法家先驱管仲在齐国主持改革时期提出了诸多至今仍有重大借鉴意义的法理学观点,这些观点可归纳为:一是"以人为本",这是中华传统文化的核心与灵魂,也是法家学派的价值观;二是"德法兼收",对当今"全面依法治国"有借鉴作用,是极好的法治本土资源;三是"仁义友爱",这是法家的伦理观,具有朴素唯物主义和现实主义特征;四是"法制无私",这是现代"法律面前人人平等"思想的渊源;五是"任人唯贤",是管仲在改革进行中推行的人才战略;六是"令顺民心",强调制定的政策必须符合老百姓的期许;七是"富民利农",主张通过各类救济措施来实现社会公平,维护社会稳定。

From the perspective that the rule of law is the knowledge of government,Guan Zhong,who was a legalist pioneer,put forward many jurisprudence views that are still of great significance today during the reform period presided over by the State of Qi.These ideas are as follows:First,"the people-oriented idea"is the core and soul of traditional Chinese culture and the values of legalist school;Second,"the combination of morality and law"can be referred to for the"comprehensive rule of law"as an excellent local resource of the rule of law;Third,"the thought of benevolence,righteousness and fraternity",the legalist ethics,holds the characteristics of naive materialism and realism;Fourth,"the legal system selflessness"is the origin of modern concept advocating that"everyone is equal before the law";Fifth,"appointing people by merit"is the talent strategy carried out by Guan Zhong in the course of reform;Sixth,"making the people’s hearts and minds satisfied"emphasizes that the policies formulated must meet the people’s expectations;Seventh,"enriching the people and benefiting the farmers",emphasizes to do good for maintaining the social equity and stability through various relief measures.