先秦的“法治”思想和实践考量

先秦法家在与儒家“礼治”的争论中提出“法治”思想,并与战国时期富国强兵的国家策略结合,变法图存的“法治”实践此起彼伏。其中最为成功的是秦国的商鞅变法,秦国由此迅速崛起并最终吞并六国,建立起统一的封建国家。秦帝国的建立是“法治”思想和实践的里程碑,大秦将集权专制和“法治”相互糅合,将法家重刑思想发展到极端,走向了崇尚暴力和滥刑滥杀的野蛮恐怖境地,导致天下怨叛,秦王朝二世而亡,君权至上最终将法治引向了集权专制的死胡同。

Analysis on thoughts and practice of “rule by law” in pre-Qin period

Thoughts of “rule by law” was proposed by the Legalists during the debate with “rule by propriety” of the Confucianists in pre-Qin period, which was combined with the national strategy of enriching the country and increasing the military force during the Warring States period, and the legal practices of reform and survival appeared one after another. Among them, the most successful one was the Shang Yang Reform in Qin State, for this reason Qin rose rapidly, annexed other six countries and built a unified feudal country eventually. The establishment of Qin Empire was a milestone of the thoughts and practice of “rule by law”. Qin blended authoritarianism into “rule by law”, developed heavy penalties thoughts of the Legalists to the extreme and moved to barbarous and horror circumstances of advocating violence and abusing killing. It rose up blaming and betraying from all over the world and Qin Dynasty died during the second generation. It is sovereignty that leaded rule by law to a dead end of authoritarianism.