法治与人治的较量——兼论德治/宋飞

法治与人治的较量——兼论德治/宋飞
法治与人治的较量
> --兼论德治

> 内容提要：长期以来，人们总觉得法治是最好的治理方式，而将人治、德治避而不提。最近，江泽民同志提出的依法治国与以德治国相结合的新主张，从而使人治、法治、德治三者之间的关系如何处理，成为理论界和实务界急需解决的一个问题。本文试图从人治与法治之争着手，在理清了二者的关系之后，再讨论德治，以期获取解决这一问题的一条捷径。全文共分五个部分，第一部分是导论，由抗击非典斗争引出对法治优越论的置疑，并联系江泽民的法治德治相结合的新主张，提出法治存有不足，人治法治各有所长，应从历史角度加以审视；第二至四部分是正文，分别探讨中西方古代、中世纪及近代、现代这三个不同的历史时期人治法治的理论与实践，主要介绍了古希腊和中国先秦时期、罗马帝国和中国封建社会、中世纪及近代西方、近代中国、前苏联和新中国这几大块的人治、法治之争。第五部分是结论，先总结前面的内容，提出人治与法治是可以结合的，并由此对江泽民同志提出的依法治国与以德治国相结合的新主张作深入分析，主张德治与法治并无太大关系，德治是人治的主要表现形式。
> 主题词：法治人治德治
>
> Abstact：
> For a long time, people always think that it is the best administration way to under the rule of law, and rule by men 、the rule of virtue be avoided without mentioning. Recently,Comrade Jiang Zemin put forward new opinion that running the country according to law and running the country with morality be combined together, making how relation of three deal with rule of men, rule of law, rule of virtue become a problem badly in need of solution of theory circle and practice circle . This article attempt to set about from the battle between rule of men and rule of law , after clarfy the relation of two,it is discussed the rule of virtue , in the hope of obtain a shortcut to solve this problem.The article divide into five parts altogether, the first part is the introduction, it is quoted from the struggle against SARS that there was an doubt of the theory of rule of law is superior, Getting in touch with the new opinion that rule of law and rule of virtue be combined together proposed by Jiang Zemin , it is proposed that rule of law having deficiency, rule of men and rule of law have their own strong points each , should be examined from the historical angle closely;Arrange from the Second to the fourth part is the maintext,it is probed into the theory and practice under rule of law and rule of men in Chinese and Western side in three different historical periods (ancient times, Middle Ages, modern times) separately , Introduced the battle between rule of men and rule of law in ancient Greece and period forward to Qin, Rome empire and Chinese feudal society, Middle Ages and modern West, modern China, the former Soviet Union, New China.The fifth part is the conclusion, it is summarized above content firstly , proposed that rule of men and rule of law be combined, and therefore make a deep analysis on the new opinion that running the country according to law and running the country with morality be combined together proposed by Comrade Jiang Zemin ,and put forward that rule of virtue and rule by law have no big relation , rule of virtue is the main form of expression by rule of men.

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