Legal State Theory Construction Of HanFei

The period of Spring and autumn and the Warring States is the great transformation in the thought history of China, that its impact on the future generations is more large than another era. After the sacrosanct Zhou system was destroyed, how to establish the human confidence on the top of vacant culture ruins, how to create a refuge for people in chaos time, become a problem that need to solve urgently. Under the background of "Taoism will be for the world to crack", the question that to spare no effort to repair the Zhou system or to week a new road,all classes of authors from different angles put forward various assertion and make a bold attempt. Just like these attempts create unlimited possibilities for this sudden ago. The paper is focus on HanFei as the legalist thinkers were synthesized and brought to their highest development, starting from the assumption concept of rule, to explore the Han Fei's endeavor about rebuilding sequence. This paper is divided into four parts:The first part mainly discusses the logical starting point of the construction of the rule of law, which contains two small questions. Firstly regarding to the metaphysical concept of "Tao" form Lao Zi's thoughts, HanFei has been made a reinterpretation, on this basis to excavate the connotation of "Tao" deeply, for the replacement of "Tao" to "law" provided convenience. Secondly, HanFei reflections on human nature, recognizing the human natural exists defects that can not be avoided, so human needs certainly external constraints, at the same time, after promoting "advocating Rites and Emphasizing Law" thought of XunZi, in HanFei's opinion,all of the contradictions are attributed to "human feelings".The second part is intended to explain the methods in the process of the law system construction, the authors elects the representative ways from three dimensions to expound it. In aspect of national policies HanFei never believe moral power that has a deeply historical origin, but is interested in the harsh punishment, because he thinks the harsh punishment has more maneuverability, as well as it is easier to stop committing crime, so propose the viewpoint that abolish punishment with punishment. However, in order to release some negative social pressures that constantly take heavy punishment, HanFei utilizes the value orientation of human nature which trend advantages and avoid disadvantages,trying to borrow "reward" means for achieving social psychological balance. Meanwhile, for the sake of making up the shortcoming as "single-track system" of "law", HanFei introduce the "art" as supplementary means into the structure.The third part, describes the operating principle of a country under the rule of law. First of all, through the famous example named "mutual concealment" to illustrate the monarchical power towards clan possesses absolute preponderance.; Next in importance, analyzing the social status of the government and the people, HanFei pointed to dispose social contradictions of key is determined rationally control the middle class that magistrate stratum. Once more, HanFei through the study of history that there are different situation between the past and present, therefore operation of legal state should be with an eye on reality and keep up with the times, trying his best to implement reform.The fourth part, mainly elaborates the characteristics of HanFei's Rechtsstaat, using of comparative method and introducing western philosophy theory about natural rights and social contract, so as to annotation HanFei for the country's new idea which is different in contemporary philosophers, but also is different from the present sense of the modern state.