摘要
古代的人们基于与自然相处的经验,采取了保护自然环境、兼顾农时的立法,并且实行顺天理讼、顺天行罚,以乡规民约保护生态,这些成为了中国古代法律的一个重要方面,即重自然生化、天人合一的法律传统。这种法律传统以天人合一的哲学思想为理论基础,儒、释、道等各家思想也为其提供了重要的思想渊源。这一思想观念和法律规定在今天的环保法治实践同样具有生命力和借鉴意义。
Based on the experience of living with nature, ancient people adopted legislation to protect the natural environment and take account of farming time, and carried out reasonable lawsuits and punishments, protected ecology by rural regulations and folk covenants. These became an important tradition of ancient Chinese law, that is, the legal tradition of emphasizing growing by own and the unity of nature and man. This legal tradition is closely related to the traditional small-scale peasant economy. Based on the ancient Chinese philosophy of "harmony between man and nature", Confucianism, Buddhism and Taoism also provide important ideological sources for it. Although our country had the idea of emphasizing nature, the harmony of man and nature, and the relevant legal provisions for a long time, the ancient social ecological environment still suffered tremendous damage, which does not mean that the idea and legal provisions of emphasizing nature and the harmony of man and nature have lost their significance and value, and have the same vitality and reference significance today.
出处
《行政管理改革》
CSSCI
北大核心
2020年第4期82-89,共8页
Administration Reform
关键词
自然生化
天人合一
人为贵
现代启示
Growing and breeding by own
Harmony between man and nature
Killing pigs and closing mountains
Noblest human
Modern enlightenment
