Governing by both rites and the law

Governing by both rites and the law

This term means that in governing a country, the ruler needs to combine the edification by li (rites) and the rule by fa (law).

In the ancient governance system, rites originated from Confucianism and the law from Legalism. Confucianism extolled self-cultivation, while Legalism held that severe punishments and harsh laws would work better. Educating the people relied on Confucianism, which encouraged bringing the good elements in human nature into full play, while governing society needed Legalism, which preferred rule by law – to place all activities and behaviors of the country, society and all individuals under the law – and saw the law as the best tool to turn Confucian ideals into realities. It may be said that combining rites with the law was the governance norm practiced in the heyday of all dynasties in Chinese history.

At the 18th group study session of the Political Bureau of the 18th CPC Central Committee in October 2014, Xi Jinping said: Ancient ruling approaches such as "governing by both rites and the law" provide great inspiration. To govern China well, we need to understand history and traditional culture, and summarize ancient governance practices and wisdom.

礼法合治

“礼法合治”意为治理国家要将教化与法律相结合。在中国古代国家治理体系中，“礼”源于儒家，“法”出自法家。儒家的“礼”讲究“自我修养”的提升过程，法家的“法”则坚持“严刑峻法”才是出路。教化社会以儒家学说为主，因为要激扬人性善的一面，但治理社会却要以法家为主，法家主张“以法治国”，即把国家社会个人的一切活动和行为纳入法制的轨道，认为这是儒家理想化为社会现实的最主要的抓手。可以说，“礼法合治”是中国历朝历代鼎盛时期的政治准绳。

2014年10月，习近平在中共十八届中央政治局第十八次集体学习时的讲话中提到，“礼法合治”等治国理政经验能给人们重要启示，要治理好今天的中国，既需要对中国历史和传统文化有深入了解，也需要对中国古代治国理政的探索和智慧进行积极总结。