近年来，在我国学者对法治的研讨中，有一种对法律的作用过誉、对道德的作用贬抑的倾向。例如，有的学者以我国春秋战国时期法家就提出了“法治”的主张、“法治”在我国历史上的命运为例。证明我国的“法治”源远流长，思想深刻，制度完备，似乎若无汉武帝的罢黜百家，独尊儒 In recent years, there has been a tendency in our discussion of the rule of law by scholars in our country that the role of law over reputation and moral derogation. For example, some scholars advocated the “rule by law” during the Spring and Autumn Period and the Warring States Period in China, and the “rule of law” in the history of our country as an example. Proving that the “rule of law” in our country goes back to ancient times, with profound thinking and complete system, it seems that if there is no emperor of the Han Dynasty,