论秦朝法制中儒家法律思想

法律史学界通说认为,秦代法制是在法家法律思想指导下建立起来的,是法家理论的结晶,由于儒法两家在理论上的尖锐对立,秦朝法制中不可能包含有儒家法律思想。本文通过分析《睡虎地秦墓竹简》中记载的法律规范及有关吏治的规定,指出秦朝法制中包含有大量儒家法律思想的成份,体现了秦统治者对儒家法律思想的吸收和继承,认为秦朝法制是和法合流的滥觞,对于中华法系的形成有着重要意义。

The Confucianism in the Legal System of Qin Dynasty

According to the prevailing wisdom in the field of legal history, the legal system of Qin Dynasty was established under the guidance of legal thought of Legalists, hence the quintessence of Legalism. Because of the theoretical contradiction between Legalism and Confucianism, there seemed no reason that Confucian legal thought should find its way in the legal system of Qin Dynasty. However, by analyzing the legal standards and the rule of official administration the paper points out that it is obvious that a great deal of Confucian legal thought was reflected in the legal system of Qin Dynasty and absorbed and succeeded by rulers of Qin Dynasty. It is believed that the legal system in Qin Dynasty was the integration of law and discipline, which contributed to the formation of Chinese legal system.