先秦德治法治关系论
发布时间：2018-08-30 13:50
【摘要】：先秦德治法治关系的论述始于西周时期,其提出的“以德配天”、“明德慎罚”的德法关系主张成为儒家“德治”、“仁政”思想和“德主法辅”关系论的直接渊源。以孔孟为代表的儒家提出了德主法辅的德法关系结构,荀子通过援法入礼,对孔孟思想进行了取长补短,兼收并蓄其它,初步综合并创造性发展了德治论。先秦早期法家三派-商鞅主法治、申不害主术治、慎到主势治。韩非继承并发展了早期法家思想,指出了单行法、术、势的缺陷,提出法术势相结合的法治论,集法家思想之大成。《管子》对德法关系论述兼聚儒、法、道、阴阳、兵、纵横家各论,多元并用,力图综合治理。此外,德法关系因其历史特殊性,也得到了先秦其他学派的普遍关注。先秦德治法治关系的总体特征是德治论与法治论各走一偏,人们未能对德法关系的融通做到全面、合理的解决,但为后人全面解决此问题提供了借鉴。先秦时期专任德治或法治都有其弊端,德治与法治融通不仅是因其各自缺陷所显现的必要性一面,也是因其各自优势所显现的可能性的一面,同时就实践层面而言也是历史的选择,这在后世的德法整合中可以看出。先秦时期是特殊的时期,其中既有德法关系的发生,又有学说派别的形成、对立及至渐进融通的过程,以史为鉴,疑今察古,研究先秦德治法治关系对解决当代中国时弊以及强化以德治国与依法治国的有机结合具有重要的现实和长远意义。
[Abstract]:The discussion of the relationship between the rule of law by virtue in the pre-Qin Dynasty began in the Western Zhou Dynasty, and the relationship between Germany and France, which was put forward by the Western Zhou Dynasty, advocated that the relationship between virtue and law should be regarded as the direct source of Confucianism's "rule of virtue", "benevolent government" and the theory of the relationship between virtue and law. Confucianism, represented by Confucius and Mencius, put forward the structure of the relationship between morality and law, and Xunzi made use of the aid of law to complement each other's thinking, and absorbed other ideas, and developed the theory of rule of virtue by combining and creatively developing the theory of rule of virtue. In the early pre-Qin Dynasty, the three schools of Legalists-Shang Yang ruled by law and ruled by law. Han Fei inherited and developed the early thought of Legalists, pointed out the defects of single practice, skill, and potential, put forward the theory of rule of law combined with magic and power, and gathered the great success of the thought of Legalists. [Guanzi] discusses the relationship between Germany and France and combines Confucianism, law, Tao, yin and yang, and soldiers. Vertical and horizontal theory, the use of diversity, trying to comprehensive management. In addition, the relationship between Germany and France, because of its historical particularity, has also been generally concerned by other schools of thought in the pre-Qin Dynasty. The general characteristic of the relationship between the rule of law by virtue in the pre-Qin period is that the theory of rule of virtue and the theory of rule of law go one way or the other. People have failed to achieve a comprehensive and reasonable solution to the relationship between Germany and France, but they have provided a reference for future generations to solve the problem in an all-round way. In the pre-Qin period, the rule of virtue or the rule of law had its drawbacks. The combination of the rule of virtue and the rule of law was not only the necessity of their respective defects, but also the possibility of their respective advantages. At the same time, it is a historical choice in terms of practice, which can be seen in the integration of Germany and France in later generations. The pre-Qin period is a special period, in which both the relationship between Germany and France, the formation of the school of thought, the process of antagonism and gradual integration, draw lessons from history, and suspect the present and the ancient times. It is of great realistic and long-term significance to study the relationship between the rule of law by virtue in the pre-Qin Dynasty and to solve the problems in contemporary China and to strengthen the organic combination of governing the country by virtue and rule by law.
【学位授予单位】：黑龙江大学
【学位级别】：博士
【学位授予年份】：2010
【分类号】：D909.2
本文编号：2213268
[Abstract]:The discussion of the relationship between the rule of law by virtue in the pre-Qin Dynasty began in the Western Zhou Dynasty, and the relationship between Germany and France, which was put forward by the Western Zhou Dynasty, advocated that the relationship between virtue and law should be regarded as the direct source of Confucianism's "rule of virtue", "benevolent government" and the theory of the relationship between virtue and law. Confucianism, represented by Confucius and Mencius, put forward the structure of the relationship between morality and law, and Xunzi made use of the aid of law to complement each other's thinking, and absorbed other ideas, and developed the theory of rule of virtue by combining and creatively developing the theory of rule of virtue. In the early pre-Qin Dynasty, the three schools of Legalists-Shang Yang ruled by law and ruled by law. Han Fei inherited and developed the early thought of Legalists, pointed out the defects of single practice, skill, and potential, put forward the theory of rule of law combined with magic and power, and gathered the great success of the thought of Legalists. [Guanzi] discusses the relationship between Germany and France and combines Confucianism, law, Tao, yin and yang, and soldiers. Vertical and horizontal theory, the use of diversity, trying to comprehensive management. In addition, the relationship between Germany and France, because of its historical particularity, has also been generally concerned by other schools of thought in the pre-Qin Dynasty. The general characteristic of the relationship between the rule of law by virtue in the pre-Qin period is that the theory of rule of virtue and the theory of rule of law go one way or the other. People have failed to achieve a comprehensive and reasonable solution to the relationship between Germany and France, but they have provided a reference for future generations to solve the problem in an all-round way. In the pre-Qin period, the rule of virtue or the rule of law had its drawbacks. The combination of the rule of virtue and the rule of law was not only the necessity of their respective defects, but also the possibility of their respective advantages. At the same time, it is a historical choice in terms of practice, which can be seen in the integration of Germany and France in later generations. The pre-Qin period is a special period, in which both the relationship between Germany and France, the formation of the school of thought, the process of antagonism and gradual integration, draw lessons from history, and suspect the present and the ancient times. It is of great realistic and long-term significance to study the relationship between the rule of law by virtue in the pre-Qin Dynasty and to solve the problems in contemporary China and to strengthen the organic combination of governing the country by virtue and rule by law.
【学位授予单位】：黑龙江大学
【学位级别】：博士
【学位授予年份】：2010
【分类号】：D909.2
【参考文献】
相关期刊论文 前1条
1 ;关于中国社会科学院考古研究所夏鼐考古学研究成果奖金评奖的通告[J];考古;1994年11期
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