The Research Of Shang Yang’"Law Thoughts"

The article firstly introduce Shang Yang was a famous thinker and politician in the warring states period. He is famous for "harsh penalties are more important than the reward". He thought the rule of law is the best Strategies for the country, and pointed out only "law-based" is the good governance for the country. He argued that implementation of the rule of law is necessary from two parts:on the one hand, Shang Yang pointed out human are evil, social moral can’t inhibit human’ selfishness. So the king must rely on the law of deterrence it; on the other hands, he thought that the righteousness governance isn’t option. Confucian’ benevolent governance can’t adapt to history development. On the big country swallowed up small country of the warring states period, King must promulgate law in order to get human resource and material resources together. Thus, the country will be powerful. In this point, the rule of law is better than the righteousness governance.Shang Yang’ law thoughts mainly include three aspects:rule country by law, reward and punishment distinction, implementation of peasant war. On the idea of law thoughts aspect, Shang Yang emphasize ’law’,’believe’,’power’are three magic weapon of govern country.’Law’ is the key rule of management of nation; it can make purpose distinguishment of the debates. King must establish his authority if he use the law to managing country. On reward and punishment distinction aspect, Shang Yang advocate’equality before the law’ and ’misdemeanor heavy penalties’, king must get out of his like when he have managing the nation in order to let the legal authority on people’heart. He thought the king only give rewards to those men who have made sacrifice and battle achievement to the country on the war. On the promotion of peasant war aspect, Shang Yang advocates citizens to join the army of promotion of peasant war in order to achieve the powerful country.Shang Yang’ law thoughts exist some defects, some researchers critical his measures and advocates in promotion of legal reform. Those researchers think Shang Yang’ utilitarianism legal comment, doctrine of severe punishment etc, which can’t accord with the trend of legal development, and need to dialectical criticism. Of course, Shang Yang’ law thoughts have defects. But his reform measures made Qin to be a powerful country; his behavior is appreciated by us.Shang Yang’law thoughts have revelation meaning for our contemporary legal construction. Nowadays, we accelerate joint track with western, and legal culture communication will be deepened. When we aborted western law thoughts, we can’t ignore our ancient legal culture heritage that Shang Yang’law thoughts is one of part. He devoted to reform and innovation that it adapt the trend of age and win support from leaders, this is a key step that his reform success. His rule of law advocate is a important measure for Qin’development. Shang Yang transplant foreign legal to Qin, and improve the law, it show the courage of his daring to reform. Shang Yang law thoughts leave us many legal references.