Abstract: Because of the Confucianists rule of virtue thought and benevolent rule general plan, make people usually rule of virtue and is it mentionin the same breath to rule by men, regard ruling by law as the natural oppositeruled by men briefly. However, the situation in history is not simple like this,“ruling by law” which Legalists advocated first, it is not the natural opposite ruled by men, but a kind of form of expression ruled by men. To rule bylaw copies of purpose Legalists, is it have“legal system” to “rule by law”tohave, king one “ruling by law” of people, but not “legal system” of the whole society.

Key words: the Legalists, the Confucianists, rule by law, rule by men

摘要： 由于儒家德治思想与德政方略,使得人们通常将德治与人治相提并论,简单地把法治视为人治的天然对立物。然而,历史上的情况却没有这样简单,法家主张的“法治”,就不是人治的天然对立物,而是人治的一种表现形式。法家的法治本意,是有“法治”而无“法制”,是君王一人的“法治”,而不是全社会的“法制”。

关键词: 法家, 儒家, 法治, 人治