关键词: 礼治, 法治, 礼法合流, 法律至上

Abstract: Social status and social relationship are given priority in a traditional social system which was governed by ethics, and that goes against the realization of social justice; by contrast, the Legalists are more rational because they think highly of objectivity and avoid subjectivity. However, with the interflow of both thoughts since Han Dynasty, the technical side of the Legalists overwhelmed its “true spirit”. This mainly shows: firstly, subjectivity gradually weakened objectivity in an ethics system and formed a tradition in which relationships are critical; secondly, the concept “Law” by Legalists degenerated into a tool for maintaining hierarchy; thirdly, the separation between right and duty, namely the situation in which some fully enjoy “the right without duty”, while the other carry out “obligations” without having the corresponding right. We have learned from history that we should not take a chance with humanity in governance and should hold the single base line and standard, in which “regulations” should be kept and respected. In today’s Chinese mainland, only that we hold a rational spirit and convert from a relationship society into a contract society, from country-oriented into individual-oriented, from power paramountcy into law paramountcy, could we succeed in transforming from governance by people to one that by law.

Key words: governance by ethics, governance by law, interflow of ethics and law, law paramountcy