先秦法家的法治精神内涵

先秦法家的"法治",虽然在字面上与现代意义的"法治"别无二致,但从实质上来看,"以法治国"不但与真正的法治精神相去甚远,甚至完全是背道而驰.作为一种治国方略,先秦法家的"以法治国"是与德治相对应的一个概念.通过分析"以法治国"的内涵和精神实质,指出先秦法家"以法治国"的"法治"从来都为人治主义所主宰,是人治的法治,专制的法治.

The Connotation of Legalists'"rule by law" Principle in Pre- Qin

The Legalists'"rule by law"principle in Pre-Qin Days is identical with the"rule by law"in modern sense.However,in essence,"rule the country by law"is entirely different with and even contradicts the true spirit of"rule by law theory".As a strategy for ruling the country,the Legalists'"rule by law" principle in Pre-Qin Days is a concept corresponding the idea of"rule by virtue".By analyzing the connotation and the essence of"rule by law"principle,this article comes to the conclusion that the Legalists'thought of ruling a country by law has been always dominated by the theory of"rule by men"and falls to the rulers'tool.In actuality,it is no more than"rule by man"and autocracy under the mask of"rule by law"theory.