Legalism "rule Of Law" Theory Study

Both the Confucianism and Legalists in pre-Qin are the main ideological force in molding Chinese legal system. Legalists is the academic school that comes into being under the special historical condition of great sociological changes in Spring and Autumn and Warring States periods of China, which advocates political reform and governing the country with law and represents the benefit of the emerging landlord class. Legalists' rule of law theory and its practical activities occur to that time and the later generation affects significantly。They produce great instruction to the different kingdoms' political campaigns of enriching the country and strengthening its military power during the Warring States Period and to putting an end to the segmentation and cleavage, under whose instruction Empire Qin is founded and national reunification is achieved. Furthermore, Legalists' rule of law theory combines with Confucianism so that they produce far-reaching effects to China's feudal legal system which covers about 2000 years.Governing the country according to law and building a socialist country ruled by law has been our strategy of running the country. Under the historical conditions of building a country governed according to law, it is of certain time significance to study China's ancient Legalists' rule of law theory.The article falls into three parts altogether in studying Legalists' rule of law theory.:Firstly, Legalists and its theory writings. This part mainly studies Legalists and its theory writings, carrying on narrates simply on the origin of Legalists school, Legalists forerunner, Legalists genre and Legalists' rule of law theory represented by "The Book of Lord Shang", "Han Fei Tzu" and "Kuan-tzu". Legalists is an academic concept. Legalists school originates from academic summarizes of the Han Dynasty, which advocates political reform and governing the country with law. Mr. Yang Hong lie ascertains Guan Zhong, Zi Chan and Deng Xi as Legalists forerunners. Legalist's genre has three division methods: The first kind is division in time: previous period Legalists, intermediate stage Legalists and later period Legalists. Previous period Legalists more cares about the practice of carrying out rule of law. The intermediate stage Legalists Shang Yang puts forward rule of law theory from the legal origin theory's and nature wicked theory's point of view, and also puts forward the views of cultural despotism including single doctrine, single award, single penalty and rule of law, considering that the aim of using penalty to formulate criminal law and of enriching the country and strengthen its military power can only be achieved by using penalty and award jointly, and by relying mainly on penalty with award supplemented, and by sentencing severe punishment to misdemeanors. On the precondition of protesting taking law as the basis and on the rule of law theory foundation of Shen Dao emphasizing power, Shen Bu hai emphasizing means and Shang Yang emphasizing law, the later period Legalists Han Fei reconciles law, power and means, and accomplishes the collection of Legalists, putting forward a rather efficient systemic rule of law theory as the ruling theory of the emerging landlord class. The second kind is division in geography: Legalists of Chi state and Legalists of Jin State. The third kind is division in theory: law, power, and means. Shang Yang emphasizes law, Shen Dao emphasizes power and Shen Bu hai emphasizes means.Legalist's writings mainly include "The Book of Lord Shang", "Han Fei Tzu" and "Kuan-tzu". "The Book of Lord Shang" proposes rule of law views of governing by the law, governing according to the law and governing following the legal tradition. "Han Fei Tzu" establishes the complete rule of law theory system which takes law as the basis and combines law, power and means. The rule of law theory of Kuan-tzu mainly embodies in the discourse upon various aspects such as characteristics of law, effect of law, enactment of law, implementation of law, placing equal stress on moral doctrine and law.Secondly, Legalists' rule of law theory. This part mainly studies the concept of Legalists' rule of law, the foundation of Legalists' rule of law theory, legislation thought of Legalists' rule of law, law enforcement thought of Legalists' rule of law, Legalists' protesting severe punishment, Legalists' rule of law theory including taking law as the basis and combining law, power and means. Firstly, the semantic expression of Legalists' rule of law. governing by the law, governing following the legal tradition, governing according to the law, judging facts by the law, and taking law as the basis. Secondly, the foundation of Legalists' rule of law theory: the theory of human nature indicating to seek advantages and avoid disadvantages and the conception of history indicating development and evolution. Thirdly, legislation thought of Legalists' rule of law: conform to the divine nature, correspond to the current situation, comply with pubic sentiments, abide by common sense, law originates from settling conflict and terminating dispute, make standing point definite, measure punishment by objective probability. Fourthly, Legalists' law enforcement thought: protesting the views of cultural despotism including single doctrine, single award, single penalty and rule of law; the main path to rule of law by combining law, honesty and authority; faithfully applying the method of awarding and punishing. Fifthly, Legalists' protesting severe punishment: Shang Yang and Han Fei put forward a series of protesting severe punishment on the base of the theory of human nature indicating to seek advantages and avoid disadvantages; the motive and intent of Legalists' protesting severe punishment is to use penalty to formulate criminal law. Sixthly, the rule of law theory of Han Fei, which takes law as the basis and combines law, power and means, systematizes Legalists' rule of law theory.Thirdly, evaluation for Legalists' rule of law theory. First, the practical effect of Legalists' rule of law theory: the practice of Legalists' rule of law serves for the particular time. Second, the essence of Legalists' rule of law theory: the concept rule of law is put forward in allusion to the patriarchal system preserved by rule of li; rule of law is put forward in allusion to rule of li's emphasizing rule of morals and civilization; rule of law is also put forward in allusion to rule of li's emphasizing rule of man. The pre-Qin Legalists of China protests rule of law, however the philosophy being used by it agrees without consultation with the Confucian rule of man. The article also evaluates and analyzes legal origin thought, legislation thought and crime-preventing thought, etc. in Legalists' rule of law theory.