Renewed Ascertainment Of Han Fei's "Rule Of Law" Ideology

Han Fei is the master of the pre-Qin Legalists. On the basis of ideological resources of the Pre-Qin Scholars, he built"rule of law"ideology based on human nature view, history view and illogical view. Han Fei's"rule of law"ideology has been all the rage at the time because it guided the political practice of Qin Dynasty; however, since the Qin down, its fate began to decline, and there was no agreement among many views of evaluation on its value.Beginning with the social background this article discusses the root of the ideology and the relationship between Confucian, Taoists, and Mohist, being established in philosophy of Han Fei's ideology, explains the combination of"fa","shu"and"shi"political theoretical system, and deducts the basic train of thoughts for society governing. The dissertation analyzes Feudalism Absolutism idiosyncracy revealed by Han Fei's"rule of law"ideology, and tries hard to study the ideology objectively.The dissertation consists of four major chapters:Chapter 1, Theoretical origins of Han Fei's"rule of law"ideology. Han Fei absorbed the character of Confucian"rule of li", inherited the philosophical foundation of Taoist"daofa"to"rule of law", extended"shangtong"ideology of the Mohist. He also learned ideological soul from early Legalists such as Shen Zi, Guan Zi, Shang Yang, Shen Buhai, integrated"li fa zhi zhi""yin dao quan fa"proposition, and ultimately form a complete"rule of law"ideology.Chapter 2, Philosophical foundation of Han Fei's"rule of law"ideology. Han Fei's understanding of human nature is the logical starting point for all his theories. He thinks human nature love profits, and tailored nomological method of punishment and reward. Reflected in its"rule of law"ideology, he expects the monarchy defeat the political conflict and struggle with power, and dominate the society effectively with"shu"and"shi". Han Fei's"rule of law"ideology use practical such a practical utilitarian to help the monarch to unify the world.Chapter 3, Basic proposition of Han Fei's"rule of law"ideology. Han Fei advocates regality theory of"dictatorship"with law, and convinced that"law is not nobility"and"cruel torture and heavy penalties"penalty ideology. He upholds the supremacy that the establishment and maintenance of the absolute monarchy,"fa","shu"and"shi"are important means to guarantee the heavenliness and paramountcy of the regality.Chapter 4, Authoritarian idiosyncracy of Han Fei's"rule of law"ideology. The basic proposition of Han Fei's"rule of law"ideology has nothing in common with the modern meaning. His"rule of law"ideological system is actually ultimate goal, and the"rule of law"only the implementation of a manner.As other historical heritage, dross and essence coexist in Han Fei's"rule of law"ideology, and reasonable factors and negative factors both includes. We need to investigate and analyze in depth, detailed and objectively. We should rethink its historical limitations profoundly, and provide a salutary lesson to Chinese modern"rule by law"construction.