On The "Chen" Of The Legalist's Thought System

The legalist thought was controled the basic of the law in the spring and autumn-warring and Qin dynasty, in the history of Chinese thought it has an important position. Because the scholar of present mainly what to study, pay attention to is the king and his ministers relation,the problem of"Fashushi"and to"peoples"analysis, so we try to"minister"in the legalist do an initial analysis to expect to more overall, thorough of the comprehension legalist thought have where afraid is a small help.This text is been four part of composings by"every aspects of legalists's ministers","the loyal minister and the atraitor of Legalists Thought","how to be a legalist's minister","legalist Thought of ministers to at that time and with the future influenced".The first part,the legalist thought think what a minister of condition, the obligation of minister and relatively do an analysis for the responsibility of ministers and for the minister relationship with confucianism's and legalist'ministers.1.The condition of ministers. Whether have a condition of allowing the officer, in legalist's eyes not only is"the view its speech", but alsowant want"view it gose", through the examination to put into practice. Concretely, the ministers need to match competence the ability of official position allowed, be loyal to the thought condition of the monarch and have never been subjected to penalty, study and understand thoroughly law etc. There are these requests, the personages of everyone, each grade all can be a minister.2. The obligation of ministers. Because the minister takes salary, also special treatment. Therefore, the minister has to also undertake a certain obligation. First, the legalist is to stand for the ministers have to have the real abilities. Secondly, the legalist thinks law and penalty to apply equally to the ministers. Again, the executive order is the important form of administration behavior, the ministers must to abey the monarch. Finally, the ministers must be loyal of monarch and nation.3.The responsibility of minister. The ministers have their own obligation, so they also need have the responsibility. Here, we mainly talk about the responsibility when they work.4.The relationship of the minister and the monarchy. To include the minister and the monarchy pay to the other side, the monarchy to officially appoint, the minister must to abey, and the monarchy let minister do what they said.5.A contrast to confucianism's and legalist's ministers.Then we can have some characteristices of legalist's miniters. The second part, we mainly analyzed two types of ministers which stand opposite each other, namely loyal minister and fornication minister. The legalist thinks person's minister has to have the quality of loyal, and should serve faithfully monarch to see make is an own life of tallest pursue. But the time served faithfully can't breach an ordinance, and the monarchy must to know the big loyal and small loyal. Then thay almost think loyal is the loyal to the monarchy. And the faithful ministers are the worst people. They will become the murder for their king.The third part, legalist is to make some qualities of minister and to make the standard for minister, in other words is also"how to be a legalist's minister". The first, minister's wanting to leave to be private. The legalist thinks that the minister doesn't be the private ways is the public loyal, the legalist is to emphasize to be loyal to the nation and monarch. The second, the loyal is the most important one of five kinds, the legalist is to attach importance to if the minister is a loyal minister all the time, so the minister must to be loyal to monarch. The third, the law is the body of ruling class will now, is a national ideology, and the legalist pays attention to law particularly of careful and accurate, requesting minister can know the law, and enforce the law strictly. The fourth, the legalist thinks the minister has to have offered suggestion, this is also"know but don't talk, be unfaithful","the minister is unfaithful to ruler, be dead". Before the suggestion the minister must to realize the monarchy is happy or unhappy. The fifth, the legalist thinks the minister must have a lot of character. Then they will do best for everything.The fourth part,"minister"in the Legalist Thought has much influence to the reality and the future generations, we analyzed the more important influence of three among thoses. The legalist thinks only who knows the law could be a minister, and the nation of country by the Fajia Thought, the big minister has to also choose from"Fali", they will understand a method and make use of a method. This also helped realize at that time Qin's country to respect the"Fali". And reject other theories because of respecting"Fali", the legalist requests"take Fali as teacher"on the education, then rescinding private learn, develop"to burn down the books and to kill the other scholars"finally. But"the punishment doesn't avoid minister"and Rujia"the punishment doesn't exercise minister"stands opposite completely, after Han although"only Rushu of the ruling class,"The punishment doesn't avoid minister be still respected by some monarches and big minister.