Han Fei’s Study On The Thought Of Rule By Law

Han Fei was born in South Korea, however, is located in the bastard of stuttering, born, and then the king Han incompetence, Korean political corruption and Qin, Qi, Wei and other powers encroached on South Korean soil and other factors, which makes Han Fei the great political enthusiasm and patriotic hot really complaints, the situation at home and abroad were a deep reflection and discussion, wrote a lot of profound meaning is favored by the writings of Ying Zheng.As the last representative person of Legalists, Han Fei was the last great thinkers. Therefore, to some extent, his thought not only by Guan Zhong, Shang Yang, Shen Buhai’preparatory legist effects, but with Confucianism, Tao, ink and so on all classes of authors have all kinds of connections with contact with. He inherited and critique the ideological essence, advocated "law","art"," potential" com., constitute the idea of "rule by law" the core of the systemOverall, this paper is divided into three parts:The first part, thought of "rule by law" background. Simply on the idea of "rule by law" was viewed in isolation, cut it with the background of the times, it is difficult to accurately understand the connotation of the thought of. This part of Han Fei from the social and political background and early legalism, Tao, Confucian school idea, it focuses on Han Fei thought of "rule by law" the academic origins.The second part, Han Fei thought of law system construction and operation. This part from" rule by law" is the meaning, principle, operation and other aspects discussed:law should be public statute, ordinance straightaway and by the masses of people familiar with; the spirit of law is the righteous, avoid leaning to either side, the reward is due, the penalty punishment, to pursue the ideal of equality, be impartial to... Society; monarch to give up subjective likes and dislikes and, in the light of its general trend, implementation of "doing nothing";"good and evil" humanity essence of law must have the utility and effectiveness," state-private do not" make it right to formulate must focus to the sovereign hands, ensure the control law according to men;, both to change and stability, in the "dynamic" and "static" of the unification of law; carry out penalty doctrine,"abolish punishment with punishment", in order to achieve the method to settle dispute, punish the good evil purpose of yang.The third part, thought of "rule by law" in history. Any ideas which are worthy of study and carry forward the inheritance of the flash point, but by the time constraint, after all, also have some shortcomings."Rule by law" as the history of China traditional thought of rule by law in the Qin and Han Dynasties, the Chinese legal system history and even in East and Southeast Asia feudal history has brought profound impact. The limitation of the times, Han Fei’s ideas of rule of law is not perfect, such as the excessive emphasis on penalty, ignore the "rule of virtue", emphasized the doctrine of monarchical power leading to the emperor tyranny phenomenon, etc..However, the "rule of law" more active is the " the law cannot fawn on the noble, rope around the song" embody the equality before the law, it is a valuable and rich heritage, to today’s socialist legal system and the construction of democratic politics, also has the certain enlightenment and draw lessons from goodly.