論中國古典政法傳統

古典政法傳統是秦漢以來中國政治法律領域形成的一整套相對穩定的意識形態、制度安排和治理實踐。“政”“法”關係是古代政治家、思想家思考治國問題的重大主題，產生了一系列獨具特色的理論認識。廣義上的“政”“法”關係，表現為政必有法、為政以法、法依政行、政法同構、政法互動。狹義上的“政”“法”關係，即“政”“刑”關係，表現為政刑一體、政主刑輔、政先刑後、政刑互補。歷經長期的演進，古典政法傳統形成了多元一體的政法場域、太平盛世的政法理想、統分結合的權力構架、互動互塑的政社關係、綜合施治的治理模式、奉法循理的官吏隊伍等基本樣態。古典政法傳統蘊含的民為邦本、天下太平、變法圖強、綜合為治、防患未然、情理法融合等思想值得今人借鑒。

"The ancient political-legal tradition is a set of stable ideology, institutional arrangement and governing practice formed in the field of politics and law since the Qin and Han Dynasties. The relationship between“politics”(政) and“law”(法) was a major theme for ancient politicians and thinkers to reflect upon the issue of governance, and it has produced a series of unique theoretical under standings. In a broad sense, the relationship between“politics”(政) and“law”(法) was manifested in governance with necessary laws, governance according to laws, the implementation of laws by political subjects, the political system and the legal system with the same structure, and interaction between governance and laws. In the narrow sense, the relationship between“politics”(政) and“law”(法) means the relationship between“politics”(政) and“punishment”(刑) and includes integrated relationship, primary and secondary relationship, sequential relationship and complementary relationship. Basic contents of the ancient political-legal tradition include the diversified and integrated political-legal field, the idea of pursuing a peaceful and flourishing age, the power structure of combining unification and division, the interactive relationship between government and society, the mode of comprehensive governance, and the group of law-abiding officials. The ideas contained in the ancient political-legal tradition such as putting people first, perusing peace, reforming for prosperity, adopting comprehensive governance, preventing disputes, and taking account of reason and law still worth being learned from today."