【摘要】：先秦德治法治關(guān)系的論述始于西周時(shí)期,其提出的“以德配天”、“明德慎罰”的德法關(guān)系主張成為儒家“德治”、“仁政”思想和“德主法輔”關(guān)系論的直接淵源。以孔孟為代表的儒家提出了德主法輔的德法關(guān)系結(jié)構(gòu),荀子通過援法入禮,對(duì)孔孟思想進(jìn)行了取長補(bǔ)短,兼收并蓄其它,初步綜合并創(chuàng)造性發(fā)展了德治論。先秦早期法家三派-商鞅主法治、申不害主術(shù)治、慎到主勢(shì)治。韓非繼承并發(fā)展了早期法家思想,指出了單行法、術(shù)、勢(shì)的缺陷,提出法術(shù)勢(shì)相結(jié)合的法治論,集法家思想之大成�！豆茏印穼�(duì)德法關(guān)系論述兼聚儒、法、道、陰陽、兵、縱橫家各論,多元并用,力圖綜合治理。此外,德法關(guān)系因其歷史特殊性,也得到了先秦其他學(xué)派的普遍關(guān)注。先秦德治法治關(guān)系的總體特征是德治論與法治論各走一偏,人們未能對(duì)德法關(guān)系的融通做到全面、合理的解決,但為后人全面解決此問題提供了借鑒。先秦時(shí)期專任德治或法治都有其弊端,德治與法治融通不僅是因其各自缺陷所顯現(xiàn)的必要性一面,也是因其各自優(yōu)勢(shì)所顯現(xiàn)的可能性的一面,同時(shí)就實(shí)踐層面而言也是歷史的選擇,這在后世的德法整合中可以看出。先秦時(shí)期是特殊的時(shí)期,其中既有德法關(guān)系的發(fā)生,又有學(xué)說派別的形成、對(duì)立及至漸進(jìn)融通的過程,以史為鑒,疑今察古,研究先秦德治法治關(guān)系對(duì)解決當(dāng)代中國時(shí)弊以及強(qiáng)化以德治國與依法治國的有機(jī)結(jié)合具有重要的現(xiàn)實(shí)和長遠(yuǎn)意義。
[Abstract]:The discussion of the relationship between the rule of law by virtue in the pre-Qin Dynasty began in the Western Zhou Dynasty, and the relationship between Germany and France, which was put forward by the Western Zhou Dynasty, advocated that the relationship between virtue and law should be regarded as the direct source of Confucianism's "rule of virtue", "benevolent government" and the theory of the relationship between virtue and law. Confucianism, represented by Confucius and Mencius, put forward the structure of the relationship between morality and law, and Xunzi made use of the aid of law to complement each other's thinking, and absorbed other ideas, and developed the theory of rule of virtue by combining and creatively developing the theory of rule of virtue. In the early pre-Qin Dynasty, the three schools of Legalists-Shang Yang ruled by law and ruled by law. Han Fei inherited and developed the early thought of Legalists, pointed out the defects of single practice, skill, and potential, put forward the theory of rule of law combined with magic and power, and gathered the great success of the thought of Legalists. [Guanzi] discusses the relationship between Germany and France and combines Confucianism, law, Tao, yin and yang, and soldiers. Vertical and horizontal theory, the use of diversity, trying to comprehensive management. In addition, the relationship between Germany and France, because of its historical particularity, has also been generally concerned by other schools of thought in the pre-Qin Dynasty. The general characteristic of the relationship between the rule of law by virtue in the pre-Qin period is that the theory of rule of virtue and the theory of rule of law go one way or the other. People have failed to achieve a comprehensive and reasonable solution to the relationship between Germany and France, but they have provided a reference for future generations to solve the problem in an all-round way. In the pre-Qin period, the rule of virtue or the rule of law had its drawbacks. The combination of the rule of virtue and the rule of law was not only the necessity of their respective defects, but also the possibility of their respective advantages. At the same time, it is a historical choice in terms of practice, which can be seen in the integration of Germany and France in later generations. The pre-Qin period is a special period, in which both the relationship between Germany and France, the formation of the school of thought, the process of antagonism and gradual integration, draw lessons from history, and suspect the present and the ancient times. It is of great realistic and long-term significance to study the relationship between the rule of law by virtue in the pre-Qin Dynasty and to solve the problems in contemporary China and to strengthen the organic combination of governing the country by virtue and rule by law.
【學(xué)位授予單位】：黑龍江大學(xué)
【學(xué)位級(jí)別】：博士
【學(xué)位授予年份】：2010
【分類號(hào)】：D909.2

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