自古以来,“以德去刑”和“以刑去刑”就是极具争辩意义的话题,在治国策略上应该采取德治以减少犯罪还是重视严刑酷律的惩戒作用?本文分别从先秦时期的儒家“以德去刑”和法家“以刑去刑”思想角度分析两者得失,再结合我国法治社会现状以提出治国的些许建议。 Since ancient times, “to go to Germany to punish ” and “to punish ” is a very controversial topic in the strategy of running a country should take the rule of virtue to reduce crime or attach importance to the punishment of cruel law? This article respectively From the pre-Qin period Confucianism “to the moral” and “legal” to “punishment by punishment” point of view of both gains and losses, combined with the current situation of the rule of law in our country to put forward some suggestions of governing the country.