墨子是我国战国时期重要的思想家 ,他的学说中包含着一些重要的法律观。他以“天志”为“法仪” ,借助天的力量来塑造和设计社会的法则 ;他的“兼相爱、交相利”主张是其朴素平等观的表达 ,隐含着对人的基本权利的尊重和对私有财产予以保护的意识 ;他的“尚贤”论反映了小生产者参与政治 ,分享国家权力的愿望 ,但不能与欧洲早期的“民约论”划等号 ;他的“尚同”说既是对法律起源的一种认识 ,更是其君主专制主义思想观的高度概括。总之 ,墨子的法律观兼具积极和消极两面 ,反映了当时特定历史文化背景下小生产者思想追求的必然 Mozi is an important thinker during the Warring States period and his doctrine contains some important legal concepts. He uses “Heavenly Torah” as the “instrument of law” and uses the power of Heaven to shape and design the laws of society. His “love each other and pay each other’s interests” is the expression of his simple equality concept, The respect of rights and the protection of private property. His “Shang Yin” theory reflects the desire of small producers to participate in politics and share state power, but they can not be equated with the “treaty of engagement” in early Europe. His “Shang Tong” is not only an understanding of the origin of law, but also a highly generalization of the monarchical ideology of its monarch. In short, Mozi’s legal concept has both positive and negative aspects, reflecting the inevitability of the pursuit of ideology of small producers under the specific historical and cultural background at that time