Re-study Of Han Feizi's Political Thought

This dissertation aims at reviewing the method, stand and viewpoint on Han Fei-zi's political thoughts prevailing in academic circle heretofore, searching the common thoughts shared by Pre-Qin masters in a sense of political value, trying to construct the framework of theory which will help in understanding Han Fei-zi's political value and political tactic within his political thought system, analyzing various theoretic possibilities involving in his political thoughts, and his related historical experience. It also intends to provide a new viewpoint and approach for reviewing Han Fei-zi's political thoughts, even resources of the whole traditional political thoughts, and to supply some reference and thinking on re-understanding the relationship between traditional thoughts and modern civilization construction.This dissertation is consisted of three parts, the section one, the section two, and the conclusion.The section one is divided into three chapters. Chapter one mainly illustrates the general situation of Han Fei Study from ancient time till now, discusses the problem of Modernity throughout the study of Han Fei-zi's political thoughts, and reveals the necessity of re-examination of Han Fei-zi's political thoughts; Chapter two observes the introduction of absolutism concept in the late Qing Dynasty, and its academic influence on the study of legalist school thoughts. From this viewpoint, it tries to examine the prevailing academic opinion, that is, the thoughts of Han Fei-zi is absolute imperial absolutism in its nature. Contrary to that opinion, this part of the article emphasizes the non-absolutist nature of Han Fei-zi's political thoughts, by revealing that from the subjective motivation and problem consciousness, Han Fei-zi's political thought insists on restriction and limitation of the highest authority, but his proposition stops in thinking, fails to carry it out in the real political practice for the lack of valid institutional guarantee. The purpose of this part is to establish the doctrinal basis for the further study of the dissertation; Chapter three emphasizes the changing of the viewpoint to Pre-Qin masters study from difference to agreement, addresses that Pre-Qin masters'subjective motivations are for the benefit of people generally, and so their commonness is bigger than individuality in the aspect of the basic political value.The section two is consisted of two chapters, which addresses that all the political thoughts can be divided into theory and application. Following this thread of thinking, it discusses the relationship between political value and political measure within Han Fei-zi's political thoughts. Chapter four examines primarily the broad agreement among Han Fei-zi and Pre-Qin masters in a sense of political value. This agreement mainly presents in three aspects, that is, the thinking pattern of good governess from the viewpoint of The Unity of Heaven and Man, the order passion of no King can't be ruled, and the value pursuit of propping up emperor for all the world. It represents Pre-Qin masters'permanent political emotions on the one side, and establishes the just and righteous basis of Han Fei-zi's political thoughts on the other side. Chapter five analyzes and discusses in detail Han Fei-zi's methods of political thinking, and his practical countermeasure. Han Fei-zi's political thought includes"YINGSHI","TONGQUAN"and"CANYAN". His political thought is a kind of realism that benefits the realization of political value and political ideal, not a kind of immoralism that throws them out of the door. The practical countermeasure of Han Fei-zi's political thoughts focuses on two parts: First, on the relationship of political order and political justice, he insists on taking order first as the premise of political value; Second, to surviving and developing in a age of power campaign, domestic management and national power enhancement are extremely important, so he proposes (1) Enriching Nation and Strengthening Army, Attaching Great Importance to Agriculture and Restraining Commerce; (2) Punishing Arrogated Minister, Strictly Enforcing the Judicial Reforms, and Changing habits and customs.The conclusion deals with three elements.The first element is about the changing tendency and historical practice of Han Fei-zi's political thoughts. It points out that the perdition of the Qin Dynasty is only a possible direction, which contains in Han Fei-zi's political thoughts, that Han Fei-zi's thoughts about legal criterion limitation and highest authority restriction are further developed in Han Dynasty, that his thoughts about distinction of the public and private, separation of the politics and religion, are fully recognized and carried forward in modern Japan.The second element is about the flaws of Han Fei-zi's political thoughts. It reflects primarily that (1) it is unrealistic, in pre-modern society, namely imperial hereditary age, to pursue legal supremacy in a sense of institutional structure in order to restrict or limit the emperor's power; (2) the extreme tendency in practical measure tends to lapse from Han Fei-zi's political thoughts, and leads to tyranny, despotism, and pressure which is far from his original intention; (3) the institutional cost of his practical political measure is so high that it is prone to over-waste and over-consume the social resources, and is not facilitate the realization of his political value; (4) Han Fei-zi's political thoughts attach too much importance to objective legal criterion and the function and role of political system, lead to the unbalance in the relationship of personnel and institution.The third element is about the value of Han Fei-zi's political thoughts in nowadays world. It involves in two sides, namely, adjuvant historical resources and concrete homeland value. It is improper to talk about its reference meaning to real life simply and generally, when reviewing Han Fei-zi's political thoughts. Theoretically, compared with Han Fei-zi's political thoughts, modern democracy is fairly perfect and mature. It can hardly justify itself theoretically and logically by simply comparing Han Fei-zi's political thoughts with modern democracy, if we cannot prove that it is easier and more reasonable to carry out his political thoughts than modern democracy. However, we can find some familiarity from Han Fei-zi and legalist school. The reason of law-based failure and their resentful emotion resembles very much with China's nowadays society. In this regard, modern China's democracy, which is western constitutional democracy by origin, seems lack of adequate theoretical preparation and reactive measure when facing the so-called legal resistance and many other hidden rules in the Special national conditions. In this meaning, there certainly has some practical value to study Han Fei-zi's political thought, which is a kind of typical Chinese wisdom, and carry out intensive criticism on Chinese national traits in the first place.