一关于“礼治”与“法治”的争论,在中国历史上,虽曾经过较长时间的讨论和辩难,却未得有一个比较客观的,或科学的结论。就历代政制状况言之,“法治”的现象虽在某时代某地域间,曾经实现过,然为时甚暂,类似昙花一现,旋归消灭;而“礼治”的现象,似乎在中国实现甚久,其实亦不过空有其名,而内容又为一物。时至今日,西方国家,及东方现代化的国家(如日本)均走入“法治”途径。~([1])中国自辛亥革命后,政制方针,即转向“法治”路途,虽成功尚待努力,而礼治问题,似已暂置高阁,本不应对此有所论列。不过社会人士,多持首鼠两端的态度,徘徊于“礼”“法”之间,而不知所取舍;学者们的论调,间有谓“古之礼即今之法,今之法犹古之礼……秦所用者专为刑罚之法,所以称法治,汉所用者刑 A debate about the relationship between ”Rule of Rites“ and ”Rule of Law“ has not had a more objective or scientific conclusion in Chinese history though it has been discussed and argued for a longer period of time. Although the phenomenon of ”rule of law“ has been realized in a certain period of time and in some area of ​​a certain era, it is quite temporary in the past, similar to the short-lived phenomenon of ”revolution of rule of law.“ The phenomenon of ”ritual governance“ In China, for a long time, there is actually no name but an object. Today, the Western countries and the modernized countries of the East (such as Japan) all walked into the ”rule of law“ approach. After the Revolution of 1911, China’s political policy of turning to the ”rule of law“ road has yet to be worked out. However, the ritual issue seems to have been put on hold for a long time. This article should not have been listed. However, people in the community hold more attitudes toward the mice at both ends, hovering between ”ceremony “ ”law ", but do not know what to choose; scholar’s argument, there is The law of ancient etiquette ... ... Qin used for the punishment of the law, so called the rule of law, the Han punishment