【摘要】 在礼与法当如何配比以建构有效的政治文化模式,礼乐教化与刑杀,武功与威德当如何运用以调理民心,规范社会,巩固统一的问题上,秦汉统治者一直处于不断的摸索之中。这种摸索的过程就是礼与法从对立冲突逐渐走向融合协调的过程。从秦始皇开始,直到汉武帝才摸索出了一套富有弹性和生命力的政治法律模式——“礼法结合”。在秦汉的历史长河中,礼制与法制两大社会控制系统处于动态发展的“混一”状态,这是我们认识秦汉礼制与法制真实状态的关键。“礼法结合”之所以能成为中国二千余年封建社会主要的政治法律模式,根本原因在于其适合中国古代国家和社会独特的内涵和结构关系。更多还原

【Abstract】 The rulers during the period of Qin and Han Dynasty had been groped continually on the problem which was how to match custom and law in order to build effectively political and cultural model, and how to use custom and criminal law, military accomplishments and prestige in order to recuperate people’s soul, standardize the society and consolidate the unity. That’s to say, it was a course from conflict to harmony between custom and law. The rulers had groped a model which was a springy and living political and law model, namely, the link between custom and law. During the history of Qin and Han, custom and law had lied in the state of amalgamation, which was the critical point to know the true state between custom and law. The reason why the link between custom and law had become main political and law model during the 2000 years of feudal society in China was that it was suitable for the unique content and constructure relation of the country and society in ancient China.更多还原