“法治”的理论,中国古代最早是由春秋时期法家的先驱者管仲提出的,他说:“尺寸也,绳墨也,规矩也,衡石也,斗斛也,角量也,谓之法”(《管子·七法》)。说明法对于人,就像度量衡对于物,是唯一的标准,并最早指出了“君臣上下贵贱皆以法”(《管子·七法》)的原则。其后,战国时的商鞅、韩非子等人对“法治”思想进行了发展和实践,使得“法治”理论,也即是古代的“依法治国”理论逐步系统化。商鞅就明确提出:“自卿相将军以至大夫庶人,有不从王令,犯国禁,乱上制者,罪死不赦”。对任何人都“不为损刑”,“不为亏法”(《商君书·赏刑》)。后来法家思想的集大成者韩非 The theory of “rule of law” was originally put forward by Guan Zhong, a pioneer of the legalists in the Spring and Autumn Period in ancient China. He said: “The size is also true. ”(“ Pipe seven laws ”). Explain that the law is right for people, just as the measure is the only criterion for things, and the earliest point out is the principle of “monarch and court rule” (“Guan Zi and seven laws”). Later, Shang Yang and Han Feizi in the Warring States Period developed and practiced the idea of ​​“rule by law” so that the “rule of law” theory, that is, the ancient theory of “governing the country by law”, was gradually systematized. Shang Yang made it clear: “Since the general phase of life and even the doctor common people, there are not from Wang Ling, guilty of the country ban, chaos system, sin not forgiven.” For anyone, “not for criminal punishment”, “not for the loss of law” (“Shang Jun book”). Later, the master of law thought Han Fei