Study Of Hanfei's Thought About The Rule Of Law

The construction of Hanfei's theory is influenced by the cotemporary international and local political environment. Hanfei pondered and probed into the political problem of Han. Hanfei however, is not a favorite of the king in Han, so he could not publicize his theory and correct the governmental abuse of Han.The issue of Hanfei could derive from Confucianism, Taoism, Legist, which were animadverted and partly absorbed and idealized the base philosophy of the Legist. Hanfei analyzed the thought of former Legists profoundly and integrated his thought about "law", "strategy" and "power". The whole thought of Hanfei owed to idea of Huang-lao. The construction of Hanfei's doctrine system based on the thought of Taoism. In Hanfei'opinion, Dao is the mother of the world, Dao is the beginning of the world, and Dao is the reason of the world. Because Law follows Dao, Law can justify everything in the world. Hanfei reformed the Taoism and, blazoned forth his theory on the background of Huang-lao.Hanfei considered a nomocracy is the most important factor, so he argued against the standpoint ShangXian which belonged to Confucianism and Mohist. The basic argument of Hanfei's law system is equal to crucifixion. The function of law is to distinguish between prize and punishment.Law must be definite and exoteric. The principle of Hanfei's lawmaking is: (1) Law should be earthliness. (2) Statutes should be definite.(3) The statute should be explained by only one meaning. So, the steady statute must be opened, righteous and also had mobility.Actually, Hanfei's law is only the embodiment of emperor's personal spirit. The theory of Hanwei were served to constitute an absolute autarchy for the emperor. So his essential purpose is protecting and solidify the status and benefit for his emperor.In Hanfei's proposition, a country under the rule of law means that under the rule of criminal law. In short, concept of Hanfei's criminal law includes cruel torture and grueling. His allegation depended on the follows: First, people always escape from misfortune, this is the human nature. Second, criminal law could reduce even avoid the crime. Third, light penalty could only hurt the common people but heavy penalty can stop the maleficence. In order to push the law, Hanfei put forward four principles: peccadillo but grueling, penalty between the relationship and other innocent person, extend death penalty and execute infrangible, prize and penalty would be used coexistent. Hanfei consider that Law is more important than morality.In Hanfei's thought, the "strategy" is held only by the emperor. It could not be noted by any form, known by others, so it is ruleless and random. Hanfei inherited the theory of Taoism deeply.The "strategy" based on "Empty the self completely, Embrace perfect peace", which comes from Taoism. Lao Zi considered that Dao is nothing but can do everything. The "strategy" is fit to the point of Lao-tase. Hanfei emphasized time after time that name and essence were essentially in common and match. So he propound the correlative solution. Hanfei considered that the emperor must hold his political "power" momently and tightly. This poinion resembled to Taoism. Actually, Hanfei is the continuator of Taoism, and he reformed extended Taoism in a creationary way.Hanfei's thought has a greatness effect in Chinese feudalistic polity. The emperor in the past dynasties always preach the Confucianism openly but implement Hanfei's proposition stealthily. Hanfei's thought and Confucianism theorized the ideaistic weapon for in the past feudalistic dynasties jointly.