对古代法治思想的批判性借鉴——兼谈古代与现代的“法治”区别
Critical Reference to Ancient Rule of Law Thought—On the Differences between Ancient and Modern “Rule of Law”

文字意义上的“法治”并非现代独有，我国古代便存在“以法治国”的思想。这些法治思想如今仍有现实借鉴意义，但前提在于明确古代法治与现代法治的区别，将不符合现代法治价值的因素予以剔除。古代“以法治国”仅注重刑法，现代“依法治国”强调完整的法律体系。古代法治服务于君王统治，现代法治反对人治。古达法治与德治相互融合，现代法治与德治相得益彰。古代法治侧重法律的裁判功能，现代法治将法律视为行为规则与裁判规则的统一。
The literal meaning of “rule of law” is not unique to modern times, and the idea of “governing the country by law” existed in ancient China. These legal ideas still have practical reference significance today, but the premise is to clarify the difference between ancient rule of law and modern rule of law, and to eliminate factors that do not conform to the value of modern rule of law. In ancient times, “governing the country by law” only focused on criminal law, while in modern times, “law-based governance” emphasizes a complete legal system. The ancient rule of law served the rule of kings, while the modern rule of law opposed the rule of man. The ancient rule of law and the rule of virtue are integrated, and modern rule of law and the rule of virtue complement each other. The ancient rule of law emphasized the judicial function of the law, while the modern rule of law regarded the law as the unity of behavioral and judicial rules.