论韩非法治主义的政治文化内涵

The Political Culture Connotation of Han Fei's "Rule of Law"

韩非法治主义是综合诸子思想并有重大理论创新的法家思想传统。"法"是理解其政治文化内涵的关键。如果以儒家政治思想为间接的对比参照,从理论层面分析"法"在成文法规、行政功能、刑罚性质等方面的内在特征及其影响,那么就能从权利与义务关系的角度得出结论:权利与义务对等关系的缺失,个人私有权和个体意识也就难以得到良性发展,这是法家的症结。

<Abstrcat> Han Fei's 'rule of law' is the synthetic result of various scholastic thoughts and a great theoretical development as well. 'Law' is the key to understand his political culture connotation. Comparing it with the politics of Confucianism as an indirect reference, this paper theoretically examines the internal characters in the statutes, administration, penalty, etc., and concludes, from the relationship between right and obligation, that the limitation of the legalists is their lack of the equity between right and obligation which hinders the sound development of the sense of individual and the private ownership.