寻求“中道”——儒家之法的精神及其普世价值

中国古代法是儒家之法。仁学“中道”思想是儒家学说之“道统”,亦是儒家之法的“法统”。仁学“中道”的法思想主要体现在“中正”、“中和”、“时中与权”三个方面,原始儒家在论析与处理德与刑、父子相隐与不隐于亲、人与法、讼与无讼等问题上都很好地运用了“中道”的思想与方法。在当今“全球性的战国时代”,儒家仁学“中道”思想仍有其普世价值,必将随中华民族的复兴而走向世界,在处理国际关系和制定国际法则中显示其积极的价值和作用。

Pursuing "Golden Mean:" the Spirit of Confucian Law and Its Universal Values

China's ancient law is deemed as Confucian law.Humanistic "golden mean"(way of wisdom of the Confucian school,which advocates impartiality,reconciliation,and compromise) dominates the doctrines of Confucian school and also centers Confucian law.The legal thought of humanistic "golden mean" reveals "rightfulness,harmony,appropriateness and power." The primitive Confucian school clearly adapted the "golden mean" ideas while analyzing and dealing with problems such as morality and penalty,that lineal relatives by body were permitted not to criminate each other while relatives were forbidden to do so,man and law,and actionable cases and non-actionable cases.Since the present world seems in the Period of Warring States,the Confucian humanistic idea of "golden mean" is still of universal value and is bound to be accepted by the whole world along with Chinese national revival and plays an active role in dealing with international relationships and making international laws.