摘要
数千年来,礼治是中国制度建设的基础,其内在精神在于对人的信任和尊重,通过尊贤使能,敦风俗、明人伦,让人心得到温暖、让人性得以复苏,从而建立行为准则,塑造集体风尚,铸就行业传统。礼是中国文化中衡量文明与野蛮、进步与落后的主要标准。没有礼,中国社会就会像一架没有灵魂的机器,失去生气与活力。西方的法在中国古代的对应物,并不是《书经》称之为"法"的事物,而是"礼"这个概念。未来的中国法治建设,要从法理学做起,明确定位法与礼的关系,自觉地把法作为促进礼的途径,从礼的高度理解法的功能;要对西方法治的基本概念如个人权利、司法独立等作重新界定,从更高的层次定位法的地位和作用。
For thousands of years, the rule of rites has been the foundation for China＇s institutional development, and its inner spirit lies in the trust in and respect for people. By respecting the virtuous and using the able, cultivating customs, and fostering ethics to let the people feel warm and arouse their human nature, the rule of rites has helped to establish code of conduct, form collectivism, and create the tradition in each industry The rites are the main standard for differentiating civilization and barbarism, and progress and backwardness in the Chinese culture. Without rites, Chinese society will be like a soulless and spiritless person. The counterpart of Western law in ancient China is the concept of rites instead of the thing called ＂law＂ in the Book of Document~ In the future, the Chinese government should develop the rule of law with a focus on jurisprudence, clarify the relationship between law and rites, consciously promote rites with the help of law, and understand the functions of law from the perspective of rites; it also needs to redefine the basic concepts in the Western rule of law, such as personal rights and judicial independence, and decide the position and function of law from a higher level.
出处
《学术前沿》
CSSCI
2014年第21期15-33,共19页
Frontiers
关键词
礼治
法治
中华文明
rule of rites, rule of law, Chinese civilization
