Views On XunZi's Theory Of Not Law But Authority Manipulating The Nation

The Spring and Autumn and the Warring States Periods are a turbulent period in history. From the productive forces to the productive relations, from the economic basis to the overtop structure various aspects all in the profound transformation time, the thought culture domain especially prosperously prospers. The Confucian school,the Mohist School,Taoist school,Legalists School gets up stands in great numbers, competes to be the most unusual; Hundred school of thought contended ,to all flowers bloom together for a while, has formed the first peak in the thought and culture history of Chinese number millennium . XunZi is the outstanding thinker who represents the emerging landlord class this time, he bases on the reality, in inherits and has absorbed Kong Zi"for the politics in the person",Mencius"for the savant suitably in the top digit","rule of man"in the thought foundation, in it"man will conquer nature"under the influence of philosophy thought viewpoint, proposed"not law but authority manipulating the nation""rule of man"legal thought.In the Chinese history of law thought, XunZi is first thinker who proposed the category"capable law enforcers"and"capable law"."capable law enforcers", is the person who governs the country well."capable law", is the law keeps the national stable. In《Jun Dao》,XunZi proposed straightly the viewpoint"not law but authority manipulating the nation", has expounded"the law"and"the person"'s relations. He thought the country governs randomly lies in"governs the person", whether the talented person is in power, but does not lie in good law. XunZi has the quite comprehensive analysis in"governs the person, not governs the law""rule of man"'s law thought, his basic concept is: The first, the person is law maker. XunZi thought the law is important for governing country well, but the law is after all ruled by"the person".Namely he said"the gentleman, the law originally also"or"the gentleman, governs originally."In his view, the person has division of gentleman, the villain, perhaps division of profound scholar, elegant Confucian. The ruler also has the giant or the tyrant. Virtuous and cruel of the ruler are different, positive law also can be different, therefore, the law quality is completely decided by person who makes the law. Therefore XunZi straightly proposed"not law but authority manipulating the nation". The key of governing nation well is the person, not the law .The second, the law depends on the person to carry out. In"Makes in king" XunZi said"law of the Yi must to perish also, but in Yi not world";Yu's law still saves, but Xia not world king. Therefore the law can't be independent, the kind can't voluntarily;Its person saves, loses its person to perish." Its meaning is that had good method, also need have the person to grasp and carry out, otherwise the law is just a scrap of paper. He thought the degree of enforcement of the law relies on person's quality, he analysis that the reason is not the law , the key is law-executor twisting the law, the monarch enforces the law privately that causes the law changed. He specially reminds the upper formation ruler, the destruction"good law"first comes from king and minister. From this, he obtains the good law executor is better than"the good law". The third, the person is much flexible than the law. The national affairs are extremely complex, moreover has the frequent change. The law namely cannot summarize with nothing left, also cannot according to the circumstance, completely rely upon person's flexible use take the bull by the horns. Therefore, he said:"Therefore the law does not discuss, then the law to does not have to abandon;The duty does not pass, then the duty must fall. Therefore the law discusses, the duty passes, is with nothing left friendly, but hundred matters have not had, non- gentleman not energy."Had"the gentleman", even if the law does not have to, the duty has the place which does not pass, also may"it have the law by the law line, being unable to the kind lifts","then the law although the province, sufficiently spreads."Does not have"the gentleman","then the law although, loses successively executing, cannot be supposed changing of the matter, to be sufficiently chaotic". Having the king who is good at ruling a nation, even if the legal theory is brief, it can pass through the world. Otherwise, if the law leaves the person which is good at ruling a nation, although it is very complete, it also can create chaotic. Thus XunZi draws the conclusion:"Therefore has method but chaotic good, has;Has the gentleman but chaotic, since old times and now, has not heard."XunZi"not law but authority manipulating the nation""rule of man"theory , its original intention does not deny"governs the law", also not the thought that ruling a nation may not have the law, what it emphasized is:"the capable law"does not play the role lonely, it depends on"the capable enforcers"to implement XunZi summarizes historical experience of three generations to the Warring States ,he thought there are the sage"the capable law"in three generations, also has"the capable enforcers"to implement"the capable law", thereupon peaceful and unitary; World of the Warring States,"three generations although perish, govern the laws specially to save", but actually the worldwide chaos, the reason lies in does not have"the capable enforcers", so that governs the side, does not lie in again the facture, but should have"the capable enforcers""to carry out three generations""the capale law". Xunzi does not deny the law , he approves"the government by law", but in his time ,he thought"the capable enforcers"is much more important than"the capable law". Through contrast with Kong and Meng's"rule of man"and the legal school's thought"the government by law", enable us to have a deep understanding in XunZi's thought"not law but authority manipulating the nation""rule of man".XunZi's thought"rule of man"has the indelible influence on the legal thought of its later to end of the Qing's thinkers, they or inherited XunZi, advocated the thought"not law but authority manipulating the nation"thought, either advocated"lets the person to be inferior to no matter what law""government by law"thought, either advocates"lets the person with no matter what the law pays equal attention to","rule of man"the thought can continue to develop. If the Confucianism"rule of people"the thought glitters monarchial power thought luminous, then XunZi"not law but authority manipulating the nation"the thought proposes the origin to be allowed to be the feudal absolute monarchy thought preliminary formation, its rule of man thought finally forms to the feudal absolute monarchy thought that has the enormous contribution and affects and is controlling China's entire feudal time, also has rich profound historical significance in Chinese history of legal thought .