法家思想是人治还是法治,在我国学界存在两种对立的观点。一种观点是法家人治说。例如,严复认为法家所谓的“以法治国”终因君王超乎法之上,实质不是法治而是人治;~([1])萧公权指出,“先秦固元真正之法治思想,更未尝有法治之政府”;~([2])俞荣根提出,法家其实与儒家一样都是人治,甚至比儒家更加人治。~([3])但是,主流的观点却是法家法治论。~([4])现今,当我们高扬法治的旗帜的时候,不妨平 Legalism is the rule of man or the rule of law, there are two opposing views in our academic circles. One view is that the rule of law and man rule. For example, Yan Fu held that the so-called “rule of law and state” by the legalists end up being beyond the power of the monarch over the law, and the essence is not the rule of law but the rule of man. [1] Xiao Gongquan pointed out: “The real rule of law in pre- Even without the rule of law ”; ~ ([2]) Yu Ronggen put forward that legalists are in fact the same people as Confucianism, and even more people than Confucianism. ~ ([3]) However, the mainstream point of view is the law of the rule of law. ~ ([4]) Nowadays, when we raise the banner of the rule of law, we may as well say it