西汉时期,董仲舒把孔孟儒学改造成为"兼儒墨、合名法"的新儒学,并在汉武时期取得一家独尊的地位。其思想中一个最重要的内容就是:平治天下必须以道德教化为主,以法律刑罚为辅,即德本法助思想。德本法助是天道的体现;是人性完善的需要;是先贤的一贯主张,也是历代明君的一贯做法;是从亡秦得出的教训;体现了立法与刑罚的最终目的——教化。德本法助在提倡"依法治国"的今天也不无借鉴意义。
During the Western Han Dynasty, Dong Zhongshu transformed Confucianism into new Confucianism that intergrated the thoughts of both Confucianism and the Mohist School as well as the essence of Taoism and the Legalist School and established its unique position in Emperor Hanwu Period. One of its most important thoughts is that governing a country must follow the principle of giving morality edification priority over law penalty, that is, taking morality as the basis and law as the supplement. Such kind of thoughts is the embodiment of the natural law, the requirement of humanity perfection, the consistent advocating of ancient sages as well as the consistent practice of the wise emperors of all previous dynasties. It draws lessons from the perished Qin Dynasty and reflects the ultimate goal of law and penalty-edification. It can also be our reference today when the idea of "governing a country by law" is advocated.