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Study On Hanfei "Rule Of Law" And Its Implications For China’s Anti-Corruption Legal System Construction

Posted on:2017-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:W Y L GeFull Text:PDF
GTID:2295330488456057Subject:Chinese philosophy
Abstract/Summary:PDF Full Text Request
Han Fei (about 280 years ago-233 years ago), life in the late Warring States Korea, later referred to him as Han Feizi, in the pre-Qin philosophers in ancient China the most influential representative of Legalist thought. Han Fei is the rule of law in the construction of excellence who made an exemplary role for the Daqin Tongyiliuguo dynasty. This paper tries to carefully sort out the results of previous studies on the basis of the principles and substance of the "rule of law" Han Fei thought to be once again think deeply, and focus on mining Hanfei "rule of law" on the current Chinese anti-corruption legal system construction Inspiration, Han Fei gap to make up the field of theoretical perspectives and "rule of law" Thought Research.The paper is divided into five parts. The first part is the introduction, mainly describes the current status of research Han Fei’s legal thought, purpose and significance of this paper, namely by Han Fei thought of "rule of law" to study, combined with the current China social practice from the perspective of "rule of law" Han Fei of China anti-corruption legal system construction during the current existing problems more objective analysis, and interpretation of Revelation focus its Chinese anti-corruption legal system construction, anti hope in the current and in the future corruption legal system construction in the past serve. The second part reviews the sources of ideas and the formation of the rule of law Han Fei form Legal Thoughts can be said for each, and each is different from the Han Fei critically absorbed Taoism, Confucianism, School and other schools of thought, along with Some thought the early legalists, have been absorbed into the Han Fei his ideology law, the affected Han Fei Zi also formed its own unique theory of human nature, Han Fei think people are victims of evil Olivetti, based on this theory of human nature viewpoint, has further strengthened the power and violence of Han Fei Law Thought. The third part explains the basic connotation of Han Fei’s legal thought, that law-oriented, intraoperative governance, the rule of law the right to hold the potential of the system, respectively, are Han Fei explained how, finally describes the relationship between the three Han Fei spells potential legal system is Trinity, indivisible, three together in order to better manage the sovereign country. The fourth part explains the basic principles of the rule of law Han Fei, namely openness, equality, stability and tion principles. These principles are important for us to learn a valuable resource. Part V outlines the limitations of Legal Thoughts of Han Fei and the rule of law, as the threshold, analysis of China’s current anti-corruption facing two problems, one official corruption, the second is judicial corruption; and then to Han Fei Law the essence of a lesson, offered to Han Fei "Ruling Official Thought" foot building clean government; to Han Fei "by Law" Thought as a mirror, so that the power senses these revelations.We should recognize that:As a master of the Legalists thought, many Han Fei’s legal awareness in 2,000 years of modern society still has a glorious indelible wisdom. If we can effectively learn actively thinking Chinese Han Fei "rule of law" ancient, and can effectively absorb and digest, that will set the rule of law in modern China instructive and practical significance. For example, the "method oriented" and "Ruling Official" "Aki law is not" the "punishment to punishment" and thought the rule of law, anti-corruption legal system to build the current China and the world-wide is of great significance.
Keywords/Search Tags:Han Fei, Legal Thought, Anti-corruption system construction, Enlightenmen
PDF Full Text Request
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