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中西方社会对人性善恶缺乏理性基础的笃信,对各自国家的法律制度产生了深远的影响。中国社会的人性善观念与西方社会的人性恶观念,直接或间接地造就了中西方社会对待法治与刑罚制度截然不同的态度。对此,在进行充分论证之前,不管持有哪种态度都是盲目的。我们当下最好的选择或许是站在中立的立场上,既使法律始终体现着对人性善的最大可能的期许与倡导,又使其满怀愧疚与遗憾地去预防和惩罚与善为敌的人和行为。
The lack of a rational basis for good and evil human nature in both Western and Chinese societies has had a profound impact on the legal system in their respective countries. The concept of human nature in Chinese society and the concept of evil human nature in Western society have directly or indirectly created a completely different attitude towards the rule of law and the system of punishment in the Western society. In this regard, before making a full argument, no matter what kind of attitude is held are blind. Our best choice nowadays may be to stand on a neutral standpoint. Even if the law always embodies the utmost probation and advocacy for goodness of human nature, it also makes it full of guilt and regret to prevent and punish those who are good and enemies. And behavior.