变“一家之法”,行“天下之法”——论黄宗羲的法治观

Changing the law for king into the law for people——The legal view of Huang Zong-xi

黄宗羲从“天下为主,君为客”的基本命题出发,提出了法乃“天下之法”,“一家之法”乃“非法之法”,变“一家之法”,行“天下之法”等具有近代民主因素的法治思想,成为中国近代启蒙思想的源头。研究这一思想对今天的法治建设不失借鉴意义。

From the basic opinion that people is the master of a country, Huang Zong-xi argues that law should serve for the people rather than for the king, and the law for king is basically illegal and it should be changed into the law for people. His view of law and legitimacy with the color of democracy of modern history has became a source of the enlightenment of modern China.