三国时期法治主义思想考辨

Legal Thoughts in the Period of the Three Kingdoms

三国时期的法治主义思想,是在礼法结合基础上吸收战国至秦时法家思想中的积极成分、以厉行法治为主要内容的法治主义思想,而非后者的简单翻版。相应地,其思想不是对以德主刑辅为核心的封建正统法律思想的削弱,而是符合时代特征的完善与发展。

The present paper attempts to study the legal thoughts in the period of the Three Kingdoms,represented by Cao cao and Zhu Geliang from two perspectives. An analysis of plenty of the historical data yields the following results:The legal thoughts in that period had absorbed the positive elements from the legal thoughts during the Warring States Period - the Qin Dynasty.They are based on the ritual and law, with an emphasis on the latter, thus playing a role of weakening the dominant feudal legal thoughts rather than a role of nourishing and perfecting it.