The Comparative Study Of Shang Yang And Han Fei "Thinking Of Rule Of Law"

The Spring and Autumn Period Warring States time, which lasted for 500 years , pre-Qin legalists'school rule of law thought is considered to be the radiant achievement of this time. Shang Yang and Han Fei as representative of the Legalists, in order to help the"rule of law"shake off the yoke of"ceremony of governance"and"rule by virtue", for the government country, enrich the country and strengthen its military power's governing plan has made the remarkable contribution. Their rule of law thought has had the profound influence to the later generation. Shang Yang as the well-known politician at Warring States intermediate stage, famous by"heavy method", is one of pre-Qin legalists'school rule of law thought founders. But Han Fei as one of legalist school main representative personages at Warring States last stage, is the legalist school rule of law thought epitomizes."Han Feizi"is its rule of law thought summary.Both Shang Yang and Han Fei thought"law-based"the good governance, that the rule of law is the best strategy of ruling the country. First of all, Shang Yang thought that the human is selfish, and Han Fei also think that people are making use of favorable conditions and avoid unfavorable conditions. So they agreed that human nature is wicked, it is necessary to curb this evil nature, we must rely on the laws of deterrence.Secondly,Shang Yang and Han Fei think that kindheartedness and justice that administer no advisable, "benevolent government" of the Confucian School advocates already being able to not conform to the historical trend of the times. In the times arguing in physical strength , jungle justice,that brings kindheartedness and justice better than ruling by law under control. Thirdly,Shang Yang and Han Fei thinks that the virtuous monarch of sage is rare , only carrying out rule by law , can realize the purpose enriching the country and increasing its military force. Human relations in society restrain if being short of a law's , society only is capable to do chaos.If the monarch administers a country only let subjective desire go to, will lead to the country become feeble and die.Shang Yang and Han Fei-reform idea is thinking of the theoretical foundation of the rule of law. The connotation of the rule of law, Shang Yang Han Fei havedifferent views. Shang Yang importance of the role and stands for the rule of law, in his view, credit, power and influence is to govern the country's three magic weapons. And Han Fei stressed that the country must "hold", "Directors of", "With potential", the "law" and "technique", "potential" of the three organic together. "Law Department have potential," "to law-based", "to rank and file of law," Han Fei is the basic content of the rule of law.. Concrete rule by law measure Shang Yang and Han Fei is carried out has different also with middle. Advocate heavy penalty minor crime though Han Fei and Shang Yang all think that the penalty is the means carrying out the rule by law certainly needing,over inferior to the Han Fei heavy penalty inclination Shang Yang but, moreover Han Fei Shang Yang understands importance awarding comparatively more. But Shang Yang advocates that "punishment has no a grade " and "the heavy penalty makes light of an award ". Therefore, the rule of law specific measures, Shang Yang advocated equality before the law and harsh penalties is more important than the reward, and Han Fei advocated penalties and rewards as importantShang Yang and Han Fei are the representatives of the pre-Qin Legalists, their government by law thoughts have differences .These differences have caused major reasons are: Firstly, Shang Yang and Han Fei have different time backgrounds, therefore, from their academic ideology can feel the different atmosphere of the times. Secondly, their different growth experience has accomplished the two of different dispositions, different dispositions and mold different lives.Thirdly, origin of the ideological differences led to two aspects of the rule of law that everyone has different views. Fourthly, Shang Yang and Han Fei has being unlike view to the relation between monarch and subjects...