商鞅變法對新時代全面依法治國的歷史借鑒及對策

The Historical Reference and Countermeasures of Comprehensive Rule of Law in the New Era from SHANG Yang's reform

Abstract

商鞅變法是將社會改革與法治融為一體的成功法治實踐，實現社會安定和富國強兵，其確立權威、頂層設計和嚴格執行等做法確保了變法成功，但過于嚴苛、缺失化等不足發人深省。其成得失為今天依法治國提供了有益借鑒，有利于推動全面深化改革的實施。新時代，應通過加強法制建設、深化司法體制改革、消除改革阻力及依法治國與以德治國相結合，真正形成與中國實際相適應的法治體系，為社會主義建設和實現中國夢提供保障。

Shang Yang's reform is a successful rule of law practice that integrates social reforms with the rule of law, realizing social stability, richening the country and strengthening the army. Its establishment of authority, top-level design and strict implementation ensure the success of the reform, but it was too harsh and lacked enlightenment, which was thought-provoking. Its success and failure provide a useful reference for today's rule of law, and is conducive to the implementation of deepening reform comprehensively. In the new era, the system of rule of law which is suitable for China should be formed by strengthening the legal system construction, deepening the reform of the judicial system, eliminating the resistance in the reform and combining the rule by law with administering country by morality. Thus it can provide guarantee for the socialist construction and the realization of the China Dream.