A Comparative Study Of Xun Zi's And Han Fei's Penalty Thoughts

As a means of governing the country,the punishments of the Confucian and Legalists in the pre-Qin period were involved.As a representative figure of Confucianism during the Warring States Period,Xunzi advocated the aid of rituals as a method of assisting rituals,and changed the style of Confucius' s non-principal punishment.In the book "Xunzi",he persuaded the rule more thoroughly.In the book "Xunzi",he persuaded the ruler to use punishment to assist the rule.In his thoughts,Hanfei completely opposed Confucian rule of law,denying the warmth and temperament of Confucian filial piety,and stressed that the monarchy should be severely punished by severe punishment.The criminal thoughts of Yan and Han have different theoretical foundations.In terms of the historical view,Xunzi advocated the post-French king,Hanfei advocated the change of things;in the theory of human nature,Xunzi advocated the pseudo-falsification,while Hanfei advocated humanity to benefit and avoid harm.The different views of history and human nature have a profound influence on their respective penal ideas.Their penalties have obvious differences,which are embodied in the four aspects of the subject and object of punishment,the principle of sin and the status of function.In terms of the subject of punishment,Xunzi believes that the monarch will take the right to rule tomorrow,and the country will hold the power of punishment.Hanfei believes that the monarch must have the power of punishment,and the minister cannot be replaced.In terms of the object of punishment,the nephew advocates that the punishment is equal,and Hanfei It is believed that the monarch should treat everyone equally;in terms of the principle of punishment,Xunzi advocates the principle of punishment for sin and punishment,while Hanfei advocates reward and punishment,openness,and minor punishments;It advocates rewarding light punishment,while Hanfei is the opposite;in terms of functional orientation,Xunzi's penalization thought has the characteristics of courtesy and ritualization;while Hanfei's penal idea is irreplaceable.It has the characteristics of following nature.The reason for the difference in the penalties between Xun and Han is due to the differences in origin,teacher ship and life.The analysis of the penalties of Xun and Han is helpful for us to understand the concept of the rule of law in the pre-Qin philosophers and Hanfei.It is also beneficial to us to reflect on the formation and development of the ideology of the thinkers during the Warring States period.