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“法制”一词,我国古代法家就已多次使用过。但对于“法制”本意的理解,至今仍极不统一。关键在于如何理解法制的“制”,有的说,这里的“制”是指制定,因而认为法制就是法律的制定;有的说,这里的“制”是指制度,因而认为法制就是法律制度。我以为,这里的制应理解为“断”,指裁断或决断。所谓法制,简言之,就是指依法而断,即处理国家大事或民间主要之争都要决断于法。法家提出的“一断于法”即为此意。所以,“法制”是相对“专制”而提出的,它表明依法而断同个人独断相对立。
The term “legal system” has been used many times by ancient Chinese legalists. However, the understanding of the “legal system” is still far from unified. The key lies in how to understand the “system” of the legal system, while others say that the “system” here refers to the formulation and thus that the legal system is the formulation of the law. Some say the “system” here refers to the system and the legal system is the legal system . I think that the system here should be understood as “broken”, which means to decide or decide. The so-called legal system, in short, refers to breaking the law, that is, to deal with major national issues or civil disputes must be determined in law. Law proposed by the “one break in the law” is intended. Therefore, the “rule of law” was put forward in the light of “autocracy.” It shows that in accordance with the law, the law and the individual are arbitrarily opposed.