从儒法治国方略看中国古代政治的人治本质

中国古代儒家的德治与法家的法治是两种不同的治国方略。“德治”笃信“为政在人”重在人之“德”上,其本质是人治。法家“法治”名为法治但仅限于“君下法治”,法对民不对君,君主脱离在法治范围之外,其本质还是人治。儒、法人治方略虽在人性前提(儒家倾向善,法家倾向恶)、哲学依据(儒家找内因,法家找外因)、理论基础(儒家笃信“为政在人”重在人之“德”上,法家笃信“为政在法”重在法、势、术相结合上)、对象考量(儒家针对所有人,尤其是君主;法家针对君下人,排除君主)等方面存在着倾向上的差异和对立,但是二者之间并没有一方消除或代替另一方,而是成为君主专制系统中互补的两翼,这说明中国传统国家权力理论的逻辑出发点是君权,而不是民权。这种只见君权不见民权的传统政治思想正在为近代和现代中国的社会实践所颠覆,追求民权成为中国政治现代化的主流。

Viewing the Essence of Rule of Man in Ancient China's Politics from the General Plans in State Administration by Confucian Class and Legal Class

Ruling by virtue and ruling by law were two different general plans for state administration in ancient China.But the theories of both "Rule by Virtue" by the Confucian class and "Rule by Law" by the legal class belong to the theory of rule by man,because the Confucian class believed in the importance of "Being Administrated by Humanity" and emphasized on human morality,it belongs to the theory of rule by man;and because the conception of "Rule by Law" by the legal class was actually the rule under monarchy,it also belongs to the theory of rule by man.Though the general plan for rule by man of the Confucian class and of the legal class were different even opposite in tendencies in the aspects of human nature,philosophical basis,theoretical foundations and human ranges,they are two complementary wings in the system of absolute monarch rather than one eliminating or substituting the other.This demonstrates that the logical beginning of the theory of traditional authority in China is monarchical power,not civil right.However,this kind of political thought is being subverted by social practices in China during modern times and becomes the main trend of politics in modern China.