中国古代德主刑辅思想的当代启示
发布时间：2018-09-05 20:56
【摘要】：德主刑辅思想是中国古代重要的治国理论之一,这套理论体系给“法”涂上了“德”的色彩,一方面约束了统治集团滥用刑罚,另一方面使臣民心甘情愿地顺服,迎合了封建统治集团的统治需要。当前我国正处于社会转型时期,国家治理与法律运行仍存有很多不足。前事不忘,后事之师。秉持扬弃的精神挖掘、继承并发扬光大传统文化不失为一个解决办法。中国古代的“德”与“法”所涵盖的内容与现在迥然不同。统治集团将君主与“德”提升到一个重要地位,一切统治理念的出发点都是为了维护封建君主特权,中国古代的“法”可以朝令夕改,权威不及君主,缺乏稳定性和独立性,而中国古代的“德”不可避免地包涵了一些“君为臣纲”之类的封建思想。实际上,中国古代的“德”与“法”归根结底都是一种封建统治工具,但又不可否认,用“以德化民”、“德主刑辅”的综合治理手段治理国家与社会,确实取得了一定成效,“德”与“法”相结合的历史经验值得我们借鉴。如今,我们为了建设社会主义法治国家,为了实现民族伟大复兴“中国梦”,在宏观层面上,需要坚持依法治国基本方略,同时重视以德治国的重要作用,将依法治国与以德治国相结合,在微观层面上,需要切实将“德”融入到科学立法、严格执法、公正司法、全民守法以及法律监督等一系列法律运行过程中,这样才更能达到政治、法律等效果协调统一的目的。
[Abstract]:As one of the important theories of governing the country in ancient China, the thought of morality and punishment is one of the important theories of governing the country in ancient China. This theory system has painted the "law" with the color of "virtue". On the one hand, it has restrained the ruling group from abusing punishment, on the other hand, it has made the subjects willingly submit to it. It catered to the ruling needs of the feudal ruling group. At present, our country is in the period of social transformation, there are still many deficiencies in national governance and legal operation. Never forget the past. Adhering to the spirit of sublation, inheritance and development of traditional culture is a solution. In ancient China, virtue and law contained very different contents. The ruling group elevated the monarch and "morality" to an important position. The starting point of all the ruling ideas was to safeguard the privileges of feudal monarchs. In ancient China, the "law" could be changed day after day, less authoritative than the monarch, and lacking in stability and independence. However, the ancient Chinese "virtue" inevitably contained some feudal thoughts such as "king as subject". In fact, "virtue" and "law" in ancient China were, in the final analysis, both instruments of feudal rule, but there is no denying that the comprehensive management means of "transforming the people by virtue" and "virtue dominating punishment" have indeed achieved certain results in governing the country and society. The historical experience of combining "virtue" and "law" is worthy of our reference. Today, in order to build a socialist country ruled by law and to realize the great national rejuvenation of "Chinese Dream," we need to adhere to the basic general plan of governing the country according to law at the macro level, and at the same time attach importance to the important role of governing the country by virtue. To combine the rule of law with the rule of virtue, at the micro level, we need to integrate "morality" into a series of legal processes, such as scientific legislation, strict law enforcement, fair administration of justice, law-abiding by the whole people and legal supervision. Only in this way can the effect of politics and law be coordinated and unified.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929
本文编号：2225439
[Abstract]:As one of the important theories of governing the country in ancient China, the thought of morality and punishment is one of the important theories of governing the country in ancient China. This theory system has painted the "law" with the color of "virtue". On the one hand, it has restrained the ruling group from abusing punishment, on the other hand, it has made the subjects willingly submit to it. It catered to the ruling needs of the feudal ruling group. At present, our country is in the period of social transformation, there are still many deficiencies in national governance and legal operation. Never forget the past. Adhering to the spirit of sublation, inheritance and development of traditional culture is a solution. In ancient China, virtue and law contained very different contents. The ruling group elevated the monarch and "morality" to an important position. The starting point of all the ruling ideas was to safeguard the privileges of feudal monarchs. In ancient China, the "law" could be changed day after day, less authoritative than the monarch, and lacking in stability and independence. However, the ancient Chinese "virtue" inevitably contained some feudal thoughts such as "king as subject". In fact, "virtue" and "law" in ancient China were, in the final analysis, both instruments of feudal rule, but there is no denying that the comprehensive management means of "transforming the people by virtue" and "virtue dominating punishment" have indeed achieved certain results in governing the country and society. The historical experience of combining "virtue" and "law" is worthy of our reference. Today, in order to build a socialist country ruled by law and to realize the great national rejuvenation of "Chinese Dream," we need to adhere to the basic general plan of governing the country according to law at the macro level, and at the same time attach importance to the important role of governing the country by virtue. To combine the rule of law with the rule of virtue, at the micro level, we need to integrate "morality" into a series of legal processes, such as scientific legislation, strict law enforcement, fair administration of justice, law-abiding by the whole people and legal supervision. Only in this way can the effect of politics and law be coordinated and unified.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929
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相关期刊论文 前3条
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