《管子》德刑思想探析

发布时间：2018-10-10 18:04

【摘要】：《管子》成书于先秦战国齐文化的环境之下,伴随着稷下学宫“百家争鸣”的开展而逐步撰成。学术界一般都认同《管子》为稷下管仲学派所著。一代圣贤管仲适应时代的主题,倡导可富国强兵的法治思想,终得齐桓公之青睐,齐桓公在管仲的辅佐之下,使齐国称霸于世。法家产生于春秋中期,而这一时期是我国历史上社会制度激烈变革的时代。管仲作为法家早期代表人物,他辅佐齐桓公改革内政,发展经济,富国强兵。建立了“九合诸侯,一匡天下”的丰功伟业。《管子》一书中的“以人为本”、“法者至道”、“德法并重”的法治理念,彰显了早期中国法治文化的历史价值。《管子》认为民为治国之本,“法”为安邦定国的重要手段。书中所提倡的君主带头守法、官吏秉公赏罚的执法理念,是“以法治国”的重要环节。同时,又注重树立起“德”的权威性,认为“德刑并举”是维系社会安定的两个支柱,将其甚至上升到关系国家存亡的高度,认为两者既对立,又相互统一的思想,意义深远。本文试图从法律文化学的角度,在分析《管子》法律思想产生的时代背景、理论渊源的基础上,对《管子》法律思想的主要内容进行概述的同时,也对《管子》法律思想予以评价,以此揭示《管子》法律思想的理论价值。论文分为五个部分,第一部分着重对管仲和《管子》、《管子》法律思想及其产生的时代背景及其理论渊源进行探讨。其后的第二、三部分将系统介绍《管子》法律思想的核心内容。即“以法治国”的核心法律观、“礼义廉耻”的礼法教化理论、“执法必严、行必正直”的执法理念等。第四部分,对《管子》德刑思想予以评价,既总结《管子》法律思想的理论贡献,也指陈其局限性,并概述其对后世思想的合理价值。第五部分,重点论述《管子》法律思想的现代启示,探讨《管子》法律思想对当今社会主义法治建设的积极意义。
[Abstract]:"Guanzi" was written in the environment of Qi culture in pre-Qin and warring States period, and was gradually compiled with the development of "a hundred schools of thought contending" in Jixia School of study. Academic circles generally agree that Guanzi was written by Guanzhong School of Jixia. A generation of saints Guan Zhong adapted to the theme of the times and advocated the rule of law thought which could enrich the country and strengthen the army, and finally won the favor of Duke Huan of Qi, who was assisted by Guan Zhong and made the state of Qi dominate the world. Legalists came into being in the middle of Spring and Autumn period, which was a period of drastic social system change in Chinese history. Guan Zhong, as an early representative of the Legalists, assisted the Duke of Qi Huan to reform his internal affairs, develop the economy, and strengthen the country. Established the great feat of "Nine United princes, one conquering the world". In "Guanzi", the "people-oriented", "Dharma to the Tao", "moral and French equally important" the concept of the rule of law, It shows the historical value of the early Chinese culture of rule of law. "Guanzi" holds that the people are the foundation of governing the country, and "law" is an important means for Anbang to settle the country. The law-enforcing idea advocated in the book is that the monarch takes the lead in obeying the law and the officials uphold the justice and punishment, which is an important link in governing the country by law. At the same time, we pay attention to the authority of "virtue", think that "both morality and punishment" is the two pillars to maintain social stability, and even rise to the level of the survival and death of the country, think that the two ideas are both opposite and mutually unified, far-reaching significance. This paper attempts to summarize the main contents of the legal thought of "Guanzi" on the basis of analyzing the background and the theoretical origin of the legal thought from the point of view of legal culturology. In order to reveal the theoretical value of the legal thought of Guanzi, the author also evaluates the legal thought of Guanzi. This paper is divided into five parts. The first part mainly discusses the legal thought of Guan Zhong and Guanzi, and the background of its emergence and its theoretical origin. The second and third parts will systematically introduce the core content of the legal thought of Guanzi. That is, the core legal view of "governing the country by law", the theory of "courtesy and justice and integrity", and the law enforcement idea of "strict enforcement of the law and integrity of conduct". In the fourth part, the author evaluates the thought of morality and punishment in Guanzi, which not only summarizes the theoretical contribution of the legal thought of Guanzi >, but also expresses its limitations, and outlines its reasonable value to the thought of later generations. The fifth part focuses on the modern enlightenment of the legal thought of Guanzi, and probes into the positive significance of the legal thought of Guanzi to the construction of the socialist rule of law today.
【学位授予单位】：中南民族大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D909.2

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