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近代意义上的法治是民主紧密结合在一起的,没有民主就没有真正的法治。先秦时期法家代表人物曾提出过“以法治国”的主张,但法家的“法治”是以维护君主专制为前提的。法家的“法治”并未跳出“人治”的窠臼。我国最早提出法治与民主相结合的,是明清之际的几位启蒙思想家。其中最突出的是代表人物就是黄宗羲。本文试图结合明清之际的历史背景对黄宗羲的民主法治思想作粗浅的评析,以就教于法律史学界的同行。
In the modern sense, the rule of law is closely integrated with democracy. There is no real rule of law without democracy. The representative figures of the legalists in the pre-Qin period had put forward the proposition of “administering the country by law”, but the legalist’s “rule of law” was based on the premise of safeguarding monarchy. Legalists “rule of law ” did not jump out of “rule of man ”. The first combination of the rule of law and democracy in our country was made by several enlightenment thinkers from the Ming and Qing Dynasties. One of the most prominent is the representative of Huang Zongxi. This article tries to make a brief comment on Huang Zong-xi’s democratic and legal thoughts in light of the historical background of the Ming and Qing dynasties in order to teach her peers in the legal historiography field.