儒家“治道”理念对我国法治建设的启示

The Enlightenment of the Confucian Concept of“Governed Way”to the Construction of the Rule of Law in China

“治道”即为治国方略。传统儒家形成了一套包括践仁为民、道德之治、礼乐刑政等思想在内的治国方略,其中,以德治与礼治为主的“人治”为儒家治国思想的核心,也不乏民本、刑辅等“法治”因素。但是,受历史背景的制约,儒家治国思想无法摆脱“道德教化”的根本目的,其“治道”理念中的泛道德主义倾向、“无讼”主张等历史产物阻碍了法治建设。因此,推进我国现代化法治建设,应汲取传统“治道”精粹,坚持以德治为基础、以法治为保障,以实现“良法善治”的目标。

“Governed Way”is the strategy of governing the country.Traditional Confucianism has formed a set of governance strategies including practicing benevolence for the people,the rule of morality,etiquette,music and punishment.Among them,the“rule of man”dominated by morality and etiquette is the core of Confucian governance thought,and there is no lack of“rule of law”factors such as people-oriented and criminal auxiliary.However,restricted by its historical background,the Confucian thought of governing the country cannot get rid of the fundamental purpose of“moral education”.The historical products such as the tendency of Pan moralism and the proposition of“no litigation”in its concept of“Governed Way”hinder the construction of the rule of law.Therefore,to promote the construction of modern rule of law in China,we should learn from the essence of traditional“Governed Way”,adhere to the rule of virtue as the basis and the rule of law as the guarantee,so as to achieve the goal of“good law and good governance”.