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性善,是儒家对人性的基本认识和总体态度。儒家性善论的重要意义在于对人性的基本信任,正是这种对人性的信任,构成了制度化理解儒家人性论的前提和基础。儒家人性论的政治法律意义在于儒家看到了人性与制度之间的关系。首先,儒家认为礼乐刑政的制度应该是深深根植于人性的,内在于人性而产生的。其次,社会必须建立在以人情为基石的德政和礼治的教化上,才能长治久安、和谐稳定。当下学界通说认为现代法治建立在人性恶的假设基础之上,这样的看法其实是对法治的人性基础的片面理解。先秦儒家性善论完全可以成为现代法治人性前提的重要补充。
Good nature is the Confucian basic understanding of human nature and the overall attitude. The significance of the theory of Confucian virtues lies in the basic trust in human nature. It is this trust in human nature that constitutes the precondition and basis for institutionalizing the Confucian theory of human nature. The political and legal significance of the Confucian theory of human nature is that Confucianism has seen the relationship between humanity and system. First of all, Confucianism believes that the system of rituals and rituals should be deeply rooted in human nature and inherent in human nature. Second, society must be built on the moral education and ritual education based on human conditions, so as to ensure long-term peace and harmony and stability. The current academic community believes that the modern rule of law is based on the assumption of evil human nature. Such a view is actually a one-sided understanding of the human nature of the rule of law. Pre-qin Confucianism can be an important supplement to the prerequisite of humanity in modern law.