儒家民本法律思想探析

先秦儒家继承了中国上古时代"民为邦本"的思想,并且将其发扬光大。汉代独尊儒术后,儒家民本思想在政治法律思想中既有延续,又存在制度中的缺失。儒家民本思想包括:一、"民"是一个政权的合法性的唯一依据和基础;二、教育是使"民"转化为"仁"的必由之路,其中"仁"又是一个社会达到和谐、自制的保证;三、儒家民本思想贯穿两千年的中国封建政治,使得中国的君主专制得以缓解。儒家民本思想是儒家"仁政"理想的实践。

Confucian Legal Thought of People Orientation

The author starts with tracing the thought of People Orientation in pre-Qin times, holding that the people-orientated idea existed in the various schools of thought during pre-Qin times, esp. in Confucian school, which inherited the thought that "People are the foundation of the State" in ancient times and carried it forward, with the result that people's status was enhanced to the representatives of gods. Then, the author examines the persistence and absence of Confucian people-oriented thoughts in the political thoughts and institutions since Han Dynasty when Confucianism was honored only. In the end, the author concludes from three respects: first, "people" are the sole legitimate foundation of a regime; second, education is the only way to equip "people" with "benevolence (ren)", which is a guarantee of harmony and self-regulation for a society; third, it is Confucian people-oriented thoughts persisting in Chinese feudal politics for 2000 years that eased Chinese autocratic monarchy. Confucian people-oriented thoughts was the practice of Confucian ideal of "Benevolent Governance".