Hanfei-zi's Legal Philosophy Thinking

Han Fei is the main representative of the Pre-Qin legalists. The basic ideas of Han Fei generally mount for this, the law-oriented, combined with the law, the forces, and the power tactics. Rule of law as the socialist ideological trend mainstream thoughts today. What is Han Fei's legal philosophy thingking's historical background and root-cause? What is profound connotation? What has its the positive and negative thoughts content on today's law socialist thought? These are the problems of this paper tries to think.The article is divided into The introduction, The theoretical base of the law, The implementaion and social usage of the law,and To Han Fei's legal philosophy of the evaluation of four chapters, concluded and expounded the Han Fei's legal philosophy thoughts. In the introduction section, this article first from the question of the age Han Fei lived is discussed, and the rule of law theory were introduced, and then summarize the modern scholastics in recent 20 years about Han Fei.As the key chapters, the second chapter of Han Fei's theoretical base of the law were emphatically discussed, according to the chapter first discuss the method, the ontological according to "Tao from Han Fei be all of the beginning of cosmology, and expounds his start to Lao Tzu of the Taoism of inheritance and development, and in finally expounded the Han Fei's " tao " between the law and the relationship of the political; According to law of the human nature views of Han Fei and Xun zi views is discussed in two parts, and because Xun zi is Han Fei's teacher,so his human-nature views has succession with Xun zi, and developed its own views of human nature from the point of view of the legal rule, provide fundamentally theory support; Any theory has its own particular produced according to the reality and historical background, legalists was developed in the Spring and Autumn and Warring States Period lords feudal society and the landlord feudal society alternate period, the thoughts of this period in our history is more active in a hundred schools of thought contend era, the idea of debate, legalists suit the fore the demands of the development of history, and time past, Han Fei put forward for the history ideas that historical times different prepared to change, he will become history ancient and medieval history is divided into four stages, and the discourse between them though is exist certain differences, but does not exist, it's a continuation of the process. About the rule of law theory and function of the implementation of Han Fei is combined with the law, the forces, and the power tactics, that is the mainly part of philosophy of law. This paper discusses about the law, the forces, and the power tactics that Han Fei point of view, summarizes the relationship of them, that is the law-oriented, the law and the forces are used together, Using situation in accordance with law. Han Fei used the"accordance with the law", the "Use situation", "use the power tactics"to realize the trinity of legal elements. Among them, "accordance with the law" is the goal, " Use situation ", " use the power tactics " is a means. The last chapter in the article mainly estimated three parts about Han Fei's legal philosophy of the limitations and the wrangle between in Confucianism and Legalists and they were historical destiny,the evaluation and mondern scholastics view of Han Fei. The rule of law system in Han Fei legal status although relatively Pre-Qin have more improved, but still exist contradiction and limitations: the law and the forces, the forces andthe power tactics have some internal contradictions with art, and legalists topped the punishment of fastening on torture, and ignored or disdained principle of Confucian moral idealism rejected the theory of social function, is the serious defects.Han Fei inherited Tzu humanity is evil ideas, a thorough critique to the rule of moral conducted. He thinks only of between cold interests, between human and spell has irreconcilable conflict, so virtue with rule by law is not in parallel. Implement thought autocracy, the teacher is in official directly and effective means. Han Fei think the Lao Tzu of be a king is major in management officials, because the officials is the people's basic. The logic of for the teacher to the officials points to make the law for teaching material to rule the people's thoughts, The logic of make the law for teaching material to rule the people's thoughts is give priority to the king. Han Fei in summary based on the theory of Pre-Qin legalists, founded the rule of law theory system with the law-oriented, combined with the law, the forces, and the power tactics, become the Pre-Qin originator legal thoughts. Han Fei's ideas of law-oriented spread across the society now, though its properties changes, but it still has profound implications for Chinese society. Now we carry on the the franco-prussian activities, in the entire society form "knowing law and understanding law, law-abiding" ethos, this comes from thousands of years ago Han Fei " make the law for teaching material to rule the people's thoughts " thought to have the certain thoughts origin.In theory understanding summarized and analyzed the method of Han Fei's legal philosophical thoughts, is a meaningful attempt. Using inheritance and critical point of view rethink to Han Fei's legal philosophy, on today's legal construction in some ways will also be the guide.