法治与德治思想融合发展的历史溯源及启示

中国的法治思想和德治思想最早均起源于春秋战国时期,二者相争、相抗又相互融合于每一历史阶段的治国方略中.在西方,法治思想中蕴含着丰富的道德因素,以达法律道德、正义平衡.通过对中西方古代政治思想的简要比较,法治与德治在逻辑上的互补关系得到了进一步的印证,在认识论的层面,对理解我国依法治国和以德治国的方略有着重要的意义.

The Historical Source of the Integrated Development of Rule of Law and Rule of Virtue and the Enlightenment

The ideology of rule of law and rule of virtue were both originated in the Warring States period. And the conflicts, even the opposition of them got integrated in almost all the statecrafts in every historical period of time. In the west, the ideology of rule of law embodies rich content of morality so as to reach a balance between legal morality and jus- tice. Therefore, a brief comparison of ancient political thought of western and Chinese society could confirm the complemen- tary relationship in logics between the ideology of rule of law and rule of virtue, and it could help to comprehend the state- craft of rule by law and rule by virtue implemented in China at the level of epistemology.