Under The Perspective Of The Favor Of "han Fei Like

Ancient and modern scholars were used to holding Confucian standpoint or modern democratic standpoint to understand Hanfei Zi's thought. Animadversion is their major opinions. The theory of inborn evil is their basic point. They think Hanfei Zi's thought is the tool of tyranny. The thesis aimed to distinguish the theory of inborn nature of Confucianism, which is characterized by value judgment from Hanfei Zi's theory of human interests, which is characterized by fact judgment. Considering to revising Hanfei Zi's feature from the view of the theory of human interests and tries to explain the reason of the later people's criticism practically and realistically. Based on different views of Hanfei Zi hold by Japanese and Chinese in the modernized process, reflecting on the two country different destiny. Today, we should consider the task of how to make politics and religion, public parts and private parts separated, and the task of formal equality and essential equality of the rule of law.The article consists of six parts:Preface: mainly narrative the article's studying object, content, current situation of academy and the purpose and significance on the problem;The first chapter: analyzing the academic evolvement of the theory of inborn nature and the theory of human interests of Confucianism; distinguishing the theory of human interests of Hanfei Zi's from the theory of inborn nature of Confucianism;The second chapter: Hanfei Zi and people who advocate rule by law realized the "human interests" can play positive role in governing the people, however, they themselves exceeding the limitation of the "human interests". It indicates that Hanfei Zi's last destiny is inevitable;The third chapter: using Hanfei Zi's thought to controvert the opinions of "Han Fei is not a saint", "anti-moralism", "Han Fei should be with responsibility for the collapse of Ch'in dynasty ", "Hanfei Zi's thought is the tool of tyranny"; The fourth chapter: mainly discussing the limitation of Hanfei Zi's thought and New Legalists in modern Japan transforming and exceeding this limitation, considering Chinese history and actuality; Conclusion: we should understand newly Hanfei Zi's feature and his thought, returning original Hanfei Zi impersonally and really.