“德治”“法治”与当代法律文化建设  

Rule of Virtue and Rule of Law: Their Relationship with the Development of Legal Culture

作　　者：武树臣[1] Wu Shuchen

机构地区：[1]山东大学

出　　处：《法治现代化研究》2018年第4期7-17,共11页Law and Modernization

摘　　要："德治"是先秦儒家思想的基本主张,"法治"是先秦法家思想的核心。秦汉以后儒家法家思想相融合,形成古代正统法律思想。可以说"德治"与"法治"相结合,共同酿造了中华法系。中国共产党十八届四中全会明确了"良法善治"的基本理念,提出"坚持依法治国与以德治国相结合"。"德治"与"法治"相结合离不开"道德建设"即"人的建设"。实施全面依法治国必须抓住领导干部这个"关键少数",加强法治队伍建设,倡导人民群众的深度参与,在全社会树立科学民主的法治核心价值观。＂Rule of virtue＂ is a basic idea held by the pre-Qin Confucian theorists while ＂rule of law＂ is the core of the pre-Qin legalist idea. After the Qin and Han dynasties, the Confucian and legalist theories began to merge together, forming the orthodox ancient Chinese legal thoughts. It is safe to say that the ideas of ＂rule of virtue＂ and ＂rule of law＂ have been integrated together to constitute the Chinese law system. The CPC specified the basic principle of ＂good law and governance＂ and proposed the idea of ＂combining rule of law and rule of virtue in the governance of China＂ in its 4th plenary session of the 18th central committee. Such a combination cannot be separated from the development of moral values （i.e. human development）. Therefore, the key to a successful comprehensive governance by rule of law lies in the development of leading officials at different ranks, who play a decisive role in the progress of rule of law in China and thus are regarded as ＂key minority＂. In addition to emphasizing the improvement of the personnel implementing rule of law, we have to encourage and enable the public to fully participate into the practice of rule of law and establish scientific and democratic core values of rule of law in the whole society.

关 键 词：法治 德治 仁政 人治 自治 教化 

分 类 号：D920.0[政治法律—法学]