现代法治观照下的儒家法思想

Confucian Legal Thought in the Context of Modern Rule of Law

"礼治"、"德治"、"人治"等法思想,是儒家文化的内核与封建社会统治阶级稳固江山社稷的基本手段。儒家法思想视宗法伦理、道德形态、贤人意志优先于法律公正性、平等性,与现代法治存在一定的冲突。但从权益保护、德法并重、依法行政等法治理念来看,儒家法思想在诸多方面又与现代法治不谋而合。因此,如何批判性地吸收儒家法思想中的精华,将其融入现代法治建设当中,是新时代大力弘扬传统文化需要考量的重要命题。

The legal thoughts of "rule by rite", "rule by virtue" and "rule by man" are the core of Confucian culture and the basic means for the ruling class of feudal society to stabilize the society. Confucianism overrides patriarchal ethics, moral form and sages’ will over legal justice and equality, which conflicts with modern rule of law. However, from the point of view of legal concepts such as rights and interests protection, equal emphasis on morality and law, and administration according to law, Confucian legal thought coincides with modern legal system in many aspects. Therefore, how to critically absorb the essence of Confucianism and integrate it into the construction of modern rule of law is an important proposition for the new era to carry forward the needs of traditional culture.