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在中华法文化中,德法互补不仅是法文化的核心内容,也是其精华之所在。在中国古代,德的功用之一在于以德化民,在于唤起民的内在的正直天性,使民远恶迁善,使人心纳于正道的规范。以德化民不仅表现为内在的化人性之恶,也表现为外在的化不良之俗。然而,纯任德化还不足以安民立政、禁暴止邪,推动国家机器正常运转,必须辅之以政刑法度。因此,历代统治者都奉行“法为治国之具”的主张,由皇帝亲掌国家立法和司法,形成了一系列具体的立法和司法原则。中国古代德法互补的法文化,是中华民族智慧的结晶,也是法律思维的杰出创造。它不仅具有高度的理论研究价值,更具有极为现实的借鉴意义。
In the Chinese legal culture, the mutual supplement of Germany and France is not only the core content of French culture, but also the essence of it. In ancient China, one of the virtues of virtue lies in the virtue of virtue. The purpose is to evoke the inner integrity of the people, to make the people far from evil, and to make people satisfied with the right path. Dehua people not only showed the evil of human nature, but also manifested as external vulgarization of vulgarity. However, purely de-government is not enough to support the people in rule of law, prohibit evil spirits and promote the normal functioning of the state machinery, which must be supplemented by the constitutional code. Therefore, all the rulers of the past have pursued the proposition that “law is the rule of the state” and the emperor grasped the national legislation and judiciary, forming a series of specific legislative and judicial principles. The ancient Chinese legal culture of mutual understanding of Germany and France is the crystallization of the wisdom of the Chinese nation as well as an outstanding creation of legal thinking. It not only has a high degree of theoretical research value, more practical significance.