Exploration Of The Legalist Thoughts On Power Balance Through The Perspective Of "The Law Strategy And Power-base"

In the history of China,the Spring and Autumn Period was an era of great divisions and conflicts,rapid revolutions brought many social problems.Legalists focused on solving practical problems went along with the historical tide and gradually boarded the stage of history during the contention of a hundred schools of thought.They opposed Zhouli and advocated abolishing corrupt practice through political reform to bring the country into the track of the legal system.Finally,a complete theoretical system of Legalists were achieved by connecting theory with practice.On the political stage,Legalists considering demands of various social classes created the unique thoughts of power balance as the foundation of “the law strategy and power-base” for the need to develop their own theory and solve practical problems.Based on these great works of the Legalists school,the thesis describes the meanings and its main contents of “the law strategy and power-base”.It concludes that,the main content of that “law” statutes is consistent with the law in the modern sense;“strategy” is a policy mechanism,which is similar to the modern administrative organization law,it includes the delineation of the officials power and examination of official achievements in addition to the commonly accepted “trickery”;“power-base” is force,it specifically includes both the monarchic power and courtier power caused by the grant of monarch or institutional establishment.Throughout “the law strategy and power-base” system,the “law” is a general principle,“strategy” is the supplement and assistant tool of “law”,“power-base” is the political basis of “law”,but it must be restricted by “law” after its establishment.It follows that “the law strategy and power-base”is the direct basis of power balance thought.Legalist thought on power balance mainly includes three aspects: first law is paramount,namely,“law” has top place in the entire political system and is the supreme principle of states.Secondly,supervision and balances of courtier power should be reinforced mainly through the prefectures system,decentralization system and LianZuo system;to achieve comprehensive oversight of officials and centralize authority.Thirdly,bound principalities,the monarch is prohibited to operate above the law,otherwise they will face the demise of the state.Legalist thought on power balance is a relatively integrated system,which advocates the supremacy of the law in order to establish the legal authority and lay the theoretical foundation for power constraint.The supervision of courtier right is to ensure the implementation of laws and turn the “rule of law” into reality;the constraint of sovereignty was to protect the legal system from destruction and make “rule of law” lasting.