法家法治主义的内在矛盾及其后果与启示

Legalism’s Internal Contradiction and Its Messages

法家的法治主义既体现出变法革新的有为主义一面,同时也倡导法治下的无为而治。然而,法家之法并不包含对君主国家的限制性内容,法家之无为也仅仅是出于君主专制便利的考虑。如此一来,在实践上法家法治下的无为而治就注定会成为君主专制的刑罚工具。法家法治主义的失败警示我们,将国家权力纳入法律的调整范围,使其在有为与无为之间保持相对平衡,是当前"依法治国"进程中必须加以注意的一项内容。

Legalists had been the advocates of legalism during the pre-Qin Dynasty period. Its legalism embodies activism of innovative reform and advocates liberal governing under monocracy which includes passivism. However, the law of Legalist did not have in it the restriction on emperors and its passivism was nothing but the convenience for absolute monarchy. As a result, it was destined to be the penalty tools of authoritarian rule in practice. The failure of legalism indicates us that state power must be adjusted by law and kept balance between activism and passivism, which should be highlighted under the current circumstance of ＂ruling by law＂ in China.