中國古代德主刑輔思想的當代啟示
發(fā)布時間：2018-09-05 20:56
【摘要】：德主刑輔思想是中國古代重要的治國理論之一,這套理論體系給“法”涂上了“德”的色彩,一方面約束了統(tǒng)治集團濫用刑罰,另一方面使臣民心甘情愿地順服,迎合了封建統(tǒng)治集團的統(tǒng)治需要。當前我國正處于社會轉型時期,國家治理與法律運行仍存有很多不足。前事不忘,后事之師。秉持揚棄的精神挖掘、繼承并發(fā)揚光大傳統(tǒng)文化不失為一個解決辦法。中國古代的“德”與“法”所涵蓋的內容與現(xiàn)在迥然不同。統(tǒng)治集團將君主與“德”提升到一個重要地位,一切統(tǒng)治理念的出發(fā)點都是為了維護封建君主特權,中國古代的“法”可以朝令夕改,權威不及君主,缺乏穩(wěn)定性和獨立性,而中國古代的“德”不可避免地包涵了一些“君為臣綱”之類的封建思想。實際上,中國古代的“德”與“法”歸根結底都是一種封建統(tǒng)治工具,但又不可否認,用“以德化民”、“德主刑輔”的綜合治理手段治理國家與社會,確實取得了一定成效,“德”與“法”相結合的歷史經驗值得我們借鑒。如今,我們?yōu)榱私ㄔO社會主義法治國家,為了實現(xiàn)民族偉大復興“中國夢”,在宏觀層面上,需要堅持依法治國基本方略,同時重視以德治國的重要作用,將依法治國與以德治國相結合,在微觀層面上,需要切實將“德”融入到科學立法、嚴格執(zhí)法、公正司法、全民守法以及法律監(jiān)督等一系列法律運行過程中,這樣才更能達到政治、法律等效果協(xié)調統(tǒng)一的目的。
[Abstract]:As one of the important theories of governing the country in ancient China, the thought of morality and punishment is one of the important theories of governing the country in ancient China. This theory system has painted the "law" with the color of "virtue". On the one hand, it has restrained the ruling group from abusing punishment, on the other hand, it has made the subjects willingly submit to it. It catered to the ruling needs of the feudal ruling group. At present, our country is in the period of social transformation, there are still many deficiencies in national governance and legal operation. Never forget the past. Adhering to the spirit of sublation, inheritance and development of traditional culture is a solution. In ancient China, virtue and law contained very different contents. The ruling group elevated the monarch and "morality" to an important position. The starting point of all the ruling ideas was to safeguard the privileges of feudal monarchs. In ancient China, the "law" could be changed day after day, less authoritative than the monarch, and lacking in stability and independence. However, the ancient Chinese "virtue" inevitably contained some feudal thoughts such as "king as subject". In fact, "virtue" and "law" in ancient China were, in the final analysis, both instruments of feudal rule, but there is no denying that the comprehensive management means of "transforming the people by virtue" and "virtue dominating punishment" have indeed achieved certain results in governing the country and society. The historical experience of combining "virtue" and "law" is worthy of our reference. Today, in order to build a socialist country ruled by law and to realize the great national rejuvenation of "Chinese Dream," we need to adhere to the basic general plan of governing the country according to law at the macro level, and at the same time attach importance to the important role of governing the country by virtue. To combine the rule of law with the rule of virtue, at the micro level, we need to integrate "morality" into a series of legal processes, such as scientific legislation, strict law enforcement, fair administration of justice, law-abiding by the whole people and legal supervision. Only in this way can the effect of politics and law be coordinated and unified.
【學位授予單位】：東北師范大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D929
本文編號：2225439
[Abstract]:As one of the important theories of governing the country in ancient China, the thought of morality and punishment is one of the important theories of governing the country in ancient China. This theory system has painted the "law" with the color of "virtue". On the one hand, it has restrained the ruling group from abusing punishment, on the other hand, it has made the subjects willingly submit to it. It catered to the ruling needs of the feudal ruling group. At present, our country is in the period of social transformation, there are still many deficiencies in national governance and legal operation. Never forget the past. Adhering to the spirit of sublation, inheritance and development of traditional culture is a solution. In ancient China, virtue and law contained very different contents. The ruling group elevated the monarch and "morality" to an important position. The starting point of all the ruling ideas was to safeguard the privileges of feudal monarchs. In ancient China, the "law" could be changed day after day, less authoritative than the monarch, and lacking in stability and independence. However, the ancient Chinese "virtue" inevitably contained some feudal thoughts such as "king as subject". In fact, "virtue" and "law" in ancient China were, in the final analysis, both instruments of feudal rule, but there is no denying that the comprehensive management means of "transforming the people by virtue" and "virtue dominating punishment" have indeed achieved certain results in governing the country and society. The historical experience of combining "virtue" and "law" is worthy of our reference. Today, in order to build a socialist country ruled by law and to realize the great national rejuvenation of "Chinese Dream," we need to adhere to the basic general plan of governing the country according to law at the macro level, and at the same time attach importance to the important role of governing the country by virtue. To combine the rule of law with the rule of virtue, at the micro level, we need to integrate "morality" into a series of legal processes, such as scientific legislation, strict law enforcement, fair administration of justice, law-abiding by the whole people and legal supervision. Only in this way can the effect of politics and law be coordinated and unified.
【學位授予單位】：東北師范大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D929
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，本文編號：2225439
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