韩非子廉政思想及其启示

Han Feizi's Thoughts on Anti-corruption and Its Enlightenment

从西周时期的"以德配天,明德慎罚"的立法思想,到孔儒学派提出的"德主刑辅"的法制建设理念,中国在很长的历史时期都将道德作为主要的规范手段和标准,弱化了法律的作用。韩非子作为法家的集大成者始终推崇以法治国,从本"法"兴廉、以"术"促廉、因"势"倡廉三个角度构建了自己的廉政思想。韩非子主张法治,强调以法治贪;主张用贤,强调吏治监控;主张严刑,强调信赏必罚。其提倡的严刑罚、重权势、因人情等理念,对当代社会的廉政建设仍有一定的借鉴意义。

In the Western Zhou period, the authorities put forward a theory of ＂matching heaven with virtue, publicizing ethics and taking a cautious attitude to punishment＂. Confucius also proposes a legal construction concept of ＂ethical education as the main means and punishment as a subsidiary method＂. Therefore, in a long period of history, China takes the ethics as the rule of society and the function of law is weakened. It＇s Han Feizi who epitomizes the thought of legalists and holds the means of governing the country with law in esteem. He puts forward his views from three aspects, namely, the law, the means and the authority. He advocates using the law to restrain corruption, appointing virtuous persons and emphasizing management monitoring, using the cruel torture and meting out the proper awards and penalties. His assertions of relying on strict punishment, emphasizing the power and considering human feelings are a still valuable reference to the construction of a clean government in the current society.