一、儒家并未否定“法治”,法家亦并未否定“人治”在讨论这个问题之前,首先需要说明的是古代法制并不完备。所谓“法”不过仅限于刑法,另外,还包括一些“政令”在内。从现代法学意义上来说政令不是法律。而现代法律所包 First, the Confucianists did not deny “the rule of law.” Legalists did not deny the “rule of man.” Before discussing this issue, the first thing to note is that the ancient legal system was not complete. The so-called “law” is, however, limited to criminal law and includes some “government decrees.” In modern jurisprudence, the decree is not a law. And modern law package