从哲学视角看中西法律思想于中国法治道路的价值

View of the Value of Chinese and Western Legal Thought in the Rule of Law Road in China from a Philosophical Perspective

法制作为一种上层建筑,是由不同时代的社会存在决定的,受不同时期的社会经济、政治和文化影响。纵观中国法制史,从礼治过渡到无为而治再到法治的变迁体现的正是中国法制史自我革新与自我批判的过程,不论是儒家尊崇的“仁政”、道家主张的“道法自然”,还是法家的“功利主义”。都与民众所处的时代背景密切相关。因此在对待我国传统思想时需要结合当下我国的社会环境辩证看待。与此同时,随着时代的变迁,国外的思想逐渐涌入我国,在对待“新事物”时,也需要辩证的眼光去分析是否适合我国现实情况。整个过程都蕴含着新事物对旧事物的批判与继承,中国法制道路也在这样的过程中不断克服困难,砥砺前行。

As a kind of superstructure, the legal system is determined by the social existence of different times and influenced by the social economy, politics and culture of different periods. Throughout the history of China’s legal system, the transition from ritual rule to the rule of nothing and then to the rule of law reflects the process of self-reinvention and self-criticism in the history of China’s legal system, whether it is the “benevolent government” revered by Confucianism, the “Taoist law of nature” advocated by Taoism, or the “utilitarianism” of Legalism, or the “utilitarianism” of Legalism. All of them are closely related to the background of the times in which the people live. Therefore, when dealing with our traditional thought, we need to look at it dialectically in the context of our current social environment. At the same time, with the change of the times, foreign ideas are gradually coming into our country, and when dealing with “new things”, we need to analyze whether they are suitable for the reality of our country from a dialectical point of view. The whole process contains the criticism and inheritance of the new things to the old things, and the road of Chinese legal system is also in such a process to overcome difficulties and forge ahead.