中国共产党坚持“法治与德治相结合”的治国理政之道,既符合人类社会发展规律、社会主义建设规律和共产党执政规律,也是适合我国基本国情、具有中国特色的治国之道。全书在深刻把握“法治”与“德治”的发展历史和辩证关系的基础上,系统阐述了“法治与德治相结合”的基本内涵、理论支撑和重要途径,将“法治”与“德治”的历史、理论和实践有机地结合起来。全书注重理论与实际、历史与现实、阐释与事例相结合,文字通顺,表述流畅,可读性强,图文并茂,是一本内容和形式相统一的通俗理论读物。The CPC adheres to the rule of law and the rule of virtue, which is not only in line with the law of human society development, the law of socialist construction and the ruling law of the CPC, but also in line with China’s basic national conditions and Chinese characteristics. Based on the deep understanding of the development history and dialectical relationship between rule of law and rule of virtue, the book systematically expounds the basic connotation, theoretical support and important ways of “combination of rule of law and rule of virtue”, and organically combines the history, theory and practice of rule of law and rule of virtue.
關於作者:
戴木才,1965 年7 月生 现任清华大学马克思主义学院、高校德育研究中心教授、博士生导师。 主要从事核心价值观、政治伦理、中国特色社会主义等研究。在《人民日报》等报刊发表论文近百篇,出版著作近十部。党的十八大以来,出版的著作主要有:《兴国之魂》《中国走社会主义道路为什么成功?》《中国人的美德与核心价值观》《时代的价值坐标——社会主义核心价值观简明读本》。Dai Mucai, born in July 1965, is a professor and doctoral supervisor in the School of Marxism and Moral Education Research Center of Tsinghua University. He engages mainly in the study of core values, political ethics, and socialism with Chinese characteristics. He has published some 100 papers and 10 works in influential journals and newspapers including China Social Sciences and People’s Daily. His works published after the 18th CPC National Congress in 2012 include The Key to Rejuvenate China and Why is China Successful in Taking the Socialist Road.
目錄:
Chapter I Basic Ways of Governing the CountryBasic governance ways of ancient ChinaThe basic way of governance in the WestHistorical lessons of governance from the Soviet UnionEvolution of governance modes of ChinaAdvantages and difficulties in building rule of law in ChinaChapter II Traditional Governance Wisdom of ChinaEnlightenment from Confucius abandoning officialdom for educationDebate on morality and punishmentMorality given priority over penaltyPatriarchal ethicsSystems are sourced from ritesAdministration by virtueGovernance through public supportManaging officials by virtueInheriting the fine governance tradition of ancient ChinaChapter III Sticking to Combination of Rule of Law and Rule of VirtueRelationship between law and moralityThe dialectical relationship between rule of law and rule of virtueCombination of morality and law is an inevitable choice in a country’s governanceAdhere to combination of rule of law and rule of virtueGovernance needs a combination of rule of law and rule of virtueRule of law is inseparable from rule of virtueChapter Ⅳ Incorporating Moral Requirements into the Building of Rule of LawMorality is the spiritual autonomy of humanMeaning of modern rule of virtueMain areas of modern rule of virtueRule of virtue is an indoctrination systemRule of virtue is the legitimacy basis of rule of lawRule of law depends on the cultural environment of rule of virtueConsciously abiding by the law is the highest realm of rule of lawChapter V Enhance the Role of Rule of Law in Supporting the MoralityBasic concepts of rule of lawBasic requirements of rule of lawSpiritual essence of “supremacy of law”Importance of sound lawmaking to the combination of morality and lawStrict law enforcement embodies the professional ethics and spirit of rule of lawImpartial administration of justice embodies the spirit of morality and rule of lawObservance of law by everyone is a virtueChapter VISolving Serious Moral Problems through Legal MeansMoral legislation is necessary for moral construction in the transitional periodTurning moral norms into laws is important for moral constructionIntegrating socialist core values into the legal systemStrengthen legislation in key areasLegal integrity is the basic form of modern integrityMoral legislation in professional lifeMoral legislation in social public lifeMoral legislation in family lifeMoral legalization does not mean substitution of laws by moral normsChapter VII Enhancing Universal Legal Awareness and Moral Self-ConsciousnessEnlightenment from the Death of SocratesEradicating the “rule of man” where “power overshadows law”Strengthen construction of culture of the rule by law in the whole societyRule of law and rule of virtue supplement each otherStrengthening civic awareness education Advance universal law-abiding to the whole of societyChapter Ⅷ Leading Officials Should Play a Crucial Role in Governing the Country by Law and VirtueUpholding the leadership by the CPCMaintaining the advanced nature and purity of the PartyActing under the framework of the Constitution and lawAdhering to law-based governance of the countryPersisting in law-based administration Improving the rule of law thinking and the capability of acting by lawActing as a model in observing the lawStrictly abiding by the internal regulations of the CPCWe must have strict moral self-discipline
內容試閱:
In ancient times, rule of man based on rule of virtue was the basic method of governance in China for a quite long period.
In the early Western Zhou Dynasty (1046-771 BCE), the Duke of Zhou (birth and death unknown) put forward the concept of moral consciousness summed up as “matching heaven with virtue,” “advocating morality and protecting the people” and “moral education and cautious penalty,” emphasizing the social role of morality.
During the Spring and Autumn Period (770-476 BCE) and the Warring States Period (475-221 BCE), hot discussion prevailed among hundreds of schools of thought about rule of law and rule of virtue, which greatly promoted the development of traditional thought in this regard.
The concept of “rule of virtue” advocated by Confucius (551-479 BCE) and Mencius (about 372-289 BCE) with a view to ensuring social stability and the long-term interests of the ruling class was considered to be impracticable and difficult to apply by the various states struggling with each other at that time, despite its great social value.
Catering to the trend of making the country strong by means of political reform, the rule of law promoted by Legalism became popular, even helping the State of Qin unify China. However, as commented by the Preface of Sima Qian, Records of the Grand Historian, Legalism “can only work short term.” The Qin Dynasty (221-206 BCE) advocating Legalism proved short-lived, marking the failure of the latter. In the long history of ancient China, Legalism never assumed a dominant role in running the country.
The demise of the Qin Dynasty made the rulers and thinkers of the Han Dynasty (206 BCE-220 CE) recognize the great social value of the Confucian “rule of virtue.”
After a transition in the early Han Dynasty, the Confucian ideas of governing the country came to be solely advocated. Dong Zhongshu (179-104 BCE) not only inherited the “rule of virtue” ideas of Confucius and Mencius, but also further systematized it through creative interpretation. Based on the Confucianist ideas about loyalty, filial behavior, benevolence and righteousness, as well as the overall code of conduct, Dong Zhongshu systematically put forward the “Three Cardinal Guides and Five Constant Virtues.”