The Comparison Of The Legal Thoughts About Xun Kuang And Han Fei

Xun Kuang is the representative figure of Confucianism in the Warring States Period, and he thought of Confucian inherited and criticism. He is a master of Confucianism. He inherited the thought of Confucian morality, at the same time he drew lessons from Ferrari idea of rule of law. He put forward constructive combination of courtesy and law of Grand Courtesy and Heavy Law, which became the later picture of the state of basic strategy. At the same time Xun Kuang he criticized the Confucian theory of goodness, and he first proposed the theory of original evil of human nature, which is very important in the Chinese legal system, and it is Xun Kuang’s legal thoughts basis of philosophy and foothold, his all legal thoughts are put forward and launched On the basis of his basic philosophy foundation. At the same time Xun Kuang first proposed the theory of "A lawmaker mount line, not in kind of the lift".Han Fei is the disciple of Xun Kuang, and he chosen the more suitable for at that time of the background of the legalists’ thought, in his opinion, it is not possible relying on interest and moral profession in the soil. So he chosen to give up etiquette governing and ruled with a heavy hand, which would depend on the legal system and a hefty fine. Although Xun Kuang and Han Fei were urged maintenance monarchy, but what they claim to the method and strategy is very different, and We can say it is all rivers run into the sea. In my opinion, Han Fei did not getting entangled in theory of original evil of human nature, He was standing in a certain height up look at the issue, and not limited to this problem. Han Fei put forward his own legal claims on the basic of good and evil against nature. He did not like to think that people can change their sex evil through education like Xun Kuang. In his view, human nature is the evil against is inevitable, it is not possible to change. So he advocated that using of this nature to govern the country is the most efficient way.This article through to Xun Kuang and Han Fei legal thought was studied, In contrast to the laws of the people find two different points of view, and produced this different reasons to delve into and background. Learning the essence of legal thoughts and taking the essence and discard the dregs. And we can look for more traditional and basis for the present our country’s law construction..Looking from whole, this article is divided into four parts:The first part is the narrative and the introduction of Xun Kuang and Han Fei life and of age in the background. This is a difference of the most basic factors about the statecraft. Through the statement two people of age in the background, after using this to the narrative and interpretation provide matting.The next part of this article mainly introduces the Xun Kuang and Han Fei’s some of the major legal thoughts, such as Xun Kuang’s grand courtesy and heavy law thought, management by person thought and the thought of combination of moral,etiquette,political and penalty, Han Fei’s The legal thought of severe punishment, The legal thought of combination of law, power and trickery and he legal thought of taking law as the criterion. Through expounding the general thought two people, which is laying the foundation for the people of the two after legal thought comparison.The article of the third part is the main body part of this paper, This part i introduced and compared to two legal point of view, in contrast to look for similarities and differences. Through to the two people view the standpoint of contrast, in the emphasis of legal thought and two people view contrast rule of the contrast, Profound anglicizing on the reasons of the existence of these differences for China’s current law construction reference.Two people thought is significance for China’s modern construction In the fourth part of the thesis, This is the starting point and the final purpose, By comparing the two people’s legal thoughts, in contrast to find out two people in legal thoughts for construction of the rule of law in our country at present the thoughts and system construction. It is in our country at present the rule of the national tradition and foundation.In this paper, the research of the method is as follows:First, the philosophy method. This paper objective evaluates and analyses Xun Kuang and Han Fei and the advantages and disadvantages of the legal thoughts. From the two aspects of analysis and research, to make full use of the Marxist dialectical materialism methodology, two sides see problems.Second, this paper make full use of the method of comparison, in contrast to look for two people the similarities and differences of legal ideas, in the similarities and differences in search for suitable for China’s legal development direction and routes.