Han Fei-tzu’s Thought Of Power Restriction And Its Modern Enlightenment

Today’s Chinese society is in a period of political and economic transformation. Expansion of power and moral slippage caused China’s rampant corruption, polarization between serious and other issues. There are serious instable factors in this country. How to restrict expansion of power and make society develop orderly is a political problem that must be currently solve in China. In recent years,"national studies reading heat" or "Chinese fever" gives a different value from western political civilization. With the inspiration, I place the vision in the ancient civilizations of China and study on historical issues in order to provide a different research way for power restriction proposition research by learning the essence of the ancient political civilization. Outbreak of a concentrated period of China’s political civilization development is no doubt during the Spring and autumn and warring states period. In the pre-Qin era, there were hundred schools of thought. It was the legalism that gave feasible suggestion on the power restriction proposition and made it practicing. It is obvious to all that legalists have played a substantive role in maintaining social order and political civilization and made an indelible contribution to the development of the Chinese nation. As the most famous representatives of legalist, Han Fei-tzu’s power restriction thought is undoubtedly the best choice of the research object.In view of the lack of research results of power restriction of Legalists for now, the research methods of the paper mainly include normative research. In practical terms, this study uses the literature method of normative research. Search original literature through internet, libraries and other channels. Meanwhile, read, analyze and classify all of the literature, get rid of the query. Simultaneously make original literature and predecessors’ studies into tables for statistics, comprehensive analysis and summary. In addition, comparative method is a plus for the research. By making a comparison between Han Fei-tzu’s power restriction thought and the ancient Chinese and Western mainstream thought, analyzing the advantages and disadvantages to dig Shining Points.This paper is divided into five parts:introduction and four body parts. The content of introduction include research backgrounds and significances, research status, research methods, etc. part one is the background and concept of Han Fei-tzu’s power restriction thoughts. Part two is the protection and means of Han Fei-tzu’s power restriction. Part three is historical value and limitation of Han Fei-tzu’s power restriction thoughts. Part four is the enlightenment of Han Fei-tzu’s power restriction thoughts.This paper mainly discussed the value and limitation of Han Fei-tzu’s power restriction thought, the following conclusion are obtained:Although it has being monarchism, idealism, ignoring moral constraints and other limitations, the awareness of human nature, attention to the legal power, as well as the amazing use of the art of trickery are still shining brightly. At the same time, Han Fei-tzu’s thought of restricting power with law has in common with modern "rule of law" philosophy. Therefore, combining experiences and lessons learned from history, as well as enlightenment of modern "rule of law" idea, the paper gave following proposals:emphasis on procedural justice and substantive justice, the restricting of the abuse of power by law needs a good environment support and build a power restraint system. The feature of the paper is providing education from the "historical resources". Through combining Han Fei-tzu’s thought of power restriction and supervision of power, learning from numerous practical applications, we can sum up the valuable experiences and failures of power restriction and supervision, in order to perfect the supervision mechanism of China’s power restriction. Innovation reflected in this research lies in the innovation of the content area and distinctive opinions. The specific performance are:being different from previous scholars, the author put study content in national studies field, and the selection of the research object is power restriction thought of Han Fei-tzu who was on behalf of ancient legalists. A comprehensive and in-depth analysis of Han Fei-tzu’s thought of power restriction was given in this paper, and focus on the practical application of the concept of power restriction. This article also used advanced Western theories and the national history advantages, combined with Chinese traditional ideas and modern frontier theory, come up with unique insights from the experiences and lessons of Han Fei-tzu’s power restriction, hoping to make some theoretical contributions to restraint and supervision of power in China.