略论汉代皇权观的儒学化——以汉代德主刑辅思想演进的政治背景为切入点

通说认为,汉代是德主刑辅理论被奉为官方主流法律观的开始,但在分析此种现象时,学界习惯性地直指武帝时期且忽视法思想置身于其间的权力结构。事实上,秦汉时代的权力结构是所谓的"皇帝政治",包括法律在内的一切权力形式都是随着皇权观的演变而被调整的。在汉代,经高祖、文帝、景帝、武帝及其后各朝,皇权与儒术的联系日益密切,德主刑辅理论的地位也随之不断提高,所以汉代皇权观的儒学化在很大程度上成为德主刑辅理论兴起的关键所在,而这一过程也生动地展现了传统中国权力与法律的共生性关系。

A Brief Review on Confucianization of Conception of Emperor's Power——the Ideological Evolution of Rule of Virtue Assisted by Penalty in Han Dynasty from A Political Context Perspective

It is prevailingly thought that from Han dynasty the theory of rule of virtue assisted by penalty was considered to be the mainstream official legal conception.However,a stereotypical idea in academia held that the reign of Emperor Wu was the initiating phase of this theory and the legal thoughts was neglected in the structure of power.In fact,the structure of power in Qin and Han Dynasty was so-called＂emperor politics＂ in which all forms of power including law were modulated with evolution of conception of emperor＇s power.In Han Dynasty,by the reign of Emperor Gao,Emperor Wen,Emperor Jing,Emperor Wu and other Emperors thereafter,emperor＇s power and Confucianism was increasingly connected,and correspondingly the status of the theory of rule of virtue assisted by penalty was progressively heightened.Therefore,to a great extent,confucianization of conception of emperor＇s power in Han dynasty was the key to the rising of the theory of rule of virtue assisted by penalty.This process indicates vividly the coexistence of power and law in ancient China and interpreting the evolution of traditional legal thoughts from the perspective of power has become a self-reflection of the existing patterns of research on history of China＇s legal thoughts.