习近平法治思想的儒家文化渊源探析

The Confucian Cultural Origin of Xi Jinping’s Rule of Law Ideology

传统儒家的法律思想最先从孔子和孟子开始,其仁政思想对后世封建时代融合法律与道德的法律文化产生深远的影响,最晚至西汉已形成稳定的“德主刑辅”法律文化。这一法律文化绵延几千年之久,逐渐具备自己鲜明的特征。习近平法治思想扎根于儒家文化传统的中国大地,儒家思想传统下的法律文化与习近平法治思想的形成、发展、成熟有着历史的缘源关系。儒家法律文化的核心要义和基本特征影响习近平法治思想的内涵、形式。

The legal ideology of traditional Confucianism originated from Confucius and Mencius,and their benevolent governance ideology had a profound impact on the legal culture of the later feudal era,which integrates law and morality.As late as the Western Han Dynasty,a stable legal culture of“morality as the main principle and punishment as the auxiliary”had already been formed.This legal culture has lasted for thousands of years and gradually has forms its own distinct characteristics.The rule of law ideology about Xi Jinping is rooted in the traditional Confucian culture of China,and the legal culture under the Confucian tradition has a historical origin relationship with the formation,development,and maturity of the rule of law ideology about Xi Jinping,whose rule of law ideology gets aff ected by core principles and basic characteristics of Confucian legal culture in the connotation and form.