秦“法治”的理论困境透析——以睡虎地秦简《语书》、《为吏之道》为中心

本论以对秦简《为吏之道》中对吏品行、才干和政治态度三方面要求的分析入手,结合秦政"以吏为师"的制度,指出其对"吏"的要求,反映出秦国通过一准于法和"以吏为师"实现其"法治"的政治思路。进而,从理论上剖析了秦国"法治"的面貌及其思想进路,说明了通过"律制"对礼、俗、法等不同层次规范的整合,秦尝试订立一套划一的社会评价机制和社会秩序样板,并通过作为其政治终端的"吏"的塑造,完成其政治构想在民间的落实。最后,通过对《语书》做个案研究式的分析,进一步阐明上述"法治"思路与法令繁密、吏治酷烈以及地方抵制强烈等不利局面之间的内在联系。

A Analysis of the Theoretical Dilemma of the Rule of Law of Qin Dynasty——Focusing on Yu Shu & Wei Li zhi Dao of Shuihudi Qin Bamboo Texts

Starting with the analysis of Qin bamboo text Wei Li zhi Dao, which makes three requirements for the officials, namely conduct, competence and political attitudes, combining with Qin＇s ＂regarding Officials as Teachers＂ system, this article points out Qin＇s requirements for ＂ the officials＂ and reflects that through one unified law and regarding Officials as Teachers, the Qin Dynasty tried to achieve their political thinking of the rule of law. Furthermore, this article theoretically analyzes the state of Qin＇s ＂rule of law＂ and its ideological approach, and illustrates that through the integration of different levels of standards such as ceremony, custom and law, the Qin Dynasty tried to make a set of unified social evaluation mechanism and social order model, and by shaping the ＂officials＂ who were its political terminals, the Qin Dynasty tried to realize the implementation of its political vision in the folk areas. Finally, based on a case - study analysis of Yu Shu, this article tries to clarify the intrinsic link between the ＂rule of law＂ ideas and dense laws and the intrinsic links of these unfavorable situations, such as the severe and cruel officials and local strong boycotts.