论文部分内容阅读
西方及现代法治思想都建基于对人性的不信任之上,我国悠久的人治传统的病根是否就是人性善?厉行法治是否就该倡导人性恶呢?以史为鉴,先秦法家学派的思想基础正是人性恶,但它却是一种实质上的人治理论。由此可见,人性善、恶之于人治、法治只是理论上的逻辑前提,倡导法治,不应人为地贬低人性,排斥德治。历史证明,一个真正的法治社会必定也是一个德治社会。
Both Western and modern ideas of the rule of law are based on the distrust of human nature. Is the root cause of the long tradition of governing the people in our country a good one? Is it necessary to enforce the rule of law to advocate human evil? Taking history as a mirror, the thought foundation of the pre-Qin legal school is human nature Evil, but it is a substantive theory of governance. From this we can see that human nature is good and evil is rooted in the rule of man and the rule of law is only a logical premise in theory. It advocates the rule of law and should not artificially devalue human nature and exclusion of virtue. History shows that a truly law-abiding society must also be a society of virtue.