西方法治观与中国古代法治观的梳理与比较
发布时间：2019-03-13 21:02
【摘要】：法治是由若干要件组成的集合概念。西方古希腊、古罗马时期对法治进行了初步探讨,近代西方从试图为法治下精确定义转向提炼法治的要件,取得了巨大成就。中国古代的法治思想同样非常丰富,法家提出了系统的法治观,而道、墨、儒等学派则孕育了丰富的自然法思想。西方法治观与中国古代法治观的相同之处表现在所提炼的法治要件存在大量共性,并都对法治基本精神做了探索;不同之处表现在两者与人治的关系不同,提炼的法治要件完善程度不同,对法治精神的诠释不同,并且西方法治观很好地转化为实践,中国古代法治观仅停留在理论层面。
[Abstract]:The rule of law is a collective concept composed of several elements. Western ancient Greece, ancient Rome period conducted a preliminary discussion on the rule of law, the modern West from trying to accurately define the rule of law to refine the elements of the rule of law, has made great achievements. The thought of rule of law in ancient China is also very rich. Legalists put forward a systematic view of rule of law, while Taoism, Mohism, Confucianism and other schools of thought gave birth to rich thoughts of natural law. The similarities between the western view of rule of law and the view of rule of law in ancient China are as follows: there are a lot of commonalities in the elements of the rule of law, and the basic spirit of the rule of law has been explored; The difference lies in the different relationship between the two and the rule of man, the different degree of perfection of the elements of the rule of law, the different interpretation of the spirit of the rule of law, and the good transformation of the western view of the rule of law into practice, while the view of the rule of law in ancient China only stays on the theoretical level.
【作者单位】： 国家检察官学院检察理论教研部;
【基金】：中共中央党校校级课题:“中国法治的发展与社会转型期间企业面临的法律问题”阶段性研究成果
【分类号】：D909
[Abstract]:The rule of law is a collective concept composed of several elements. Western ancient Greece, ancient Rome period conducted a preliminary discussion on the rule of law, the modern West from trying to accurately define the rule of law to refine the elements of the rule of law, has made great achievements. The thought of rule of law in ancient China is also very rich. Legalists put forward a systematic view of rule of law, while Taoism, Mohism, Confucianism and other schools of thought gave birth to rich thoughts of natural law. The similarities between the western view of rule of law and the view of rule of law in ancient China are as follows: there are a lot of commonalities in the elements of the rule of law, and the basic spirit of the rule of law has been explored; The difference lies in the different relationship between the two and the rule of man, the different degree of perfection of the elements of the rule of law, the different interpretation of the spirit of the rule of law, and the good transformation of the western view of the rule of law into practice, while the view of the rule of law in ancient China only stays on the theoretical level.
【作者单位】： 国家检察官学院检察理论教研部;
【基金】：中共中央党校校级课题:“中国法治的发展与社会转型期间企业面临的法律问题”阶段性研究成果
【分类号】：D909
【相似文献】
相关期刊论文 前10条
1 杨叶红;浅析四种法治观[J];湖湘论坛;2003年01期
2 朱璇;;浅论人本法治观及其当代价值[J];学理论;2010年34期
3 叶立周;赵睿;;协商法治观初论[J];公民与法(法学版);2011年05期
4 曾，
本文编号：2439702
本文链接：https://www.wllwen.com/falvlunwen/falilunwen/2439702.html
