A Study On Han Fei's "Thoughts Of Heavy Penalty"

Han Fei is regarded as the excellent deputy to the"Fa Jia"and the outstanding thinker among"Xian Qin"thinkers. On researching Chinese tradition legal thoughts, we have to do some research on Han Fei's legal thoughts.When people talk about"Fa Jia"or"Han Fei", they always link to cruel law&penalty. It's obvious that"Thoughts of Heavy Penalty"is the core of Han Fei's legal thoughts."Thoughts of Heavy Penalty"is not only the basic tool of Han Fei , which carrying out"administer a country by law"; but also the concentrated reflect of"the theory of human nature","the theory of society"and"the theory of law government". With the unifying of the Qin Dynasty, Han Fei's"Thoughts of Heavy Penalty"played an important role in the country. Though these thoughts usually have been abandoned in the following dynasties, and meanwhile they made great and profound influent on the development of Chinese ancient law. So the concept of cruel law enhanced more and more seriously in ancient China. Han Fei's"Thoughts of Heavy Penalty"had profound influenced on legal system and legal concept of traditional china. That's to say, cruel law had never been abolished after the Qin Dynasty. What's more, presently large amount death penalty cases and the policy of"Striking hard"have the close relation with Han Fei's"Thoughts of Heavy Penalty". In the circumstance of"rule by law society", we need do some research on Han Fei's"Thoughts of Heavy Penalty". The research has important theoretic significance and practical significance.In the view of legal culture, this thesis inquires into the historical background and thought origin of Han Fei's"Thoughts of Heavy Penalty"; systematically summarizes the main content of these thoughts; analyzes the influences of these thoughts and system; analyzes the reasons for its existence in such a long time; and proposes some measures to set off its negative effects.The thesis is divided into five parts. Part One includes the historical background and thought origin from the view of legal culture. In Part Two, through introduction of Han Fei's life experiences,the author tries to reveal the internal relation between"Thoughts of Heavy Penalty"and Han Fei's character . Part Three systematically summarizes the main content of these thoughts, including the rationale, the theory construct, main principles and goal. Part Four analyzes its significances on the field of legal culture and the reasons for its existence in such a long time. Part Five analyzes the influences and proposes some measures to set off its negative effects.