法家的法治之再审视

Review on rule by law of Legalists

法家的法治理论和实践,是中华传统文化的组成部分。在加强法治建设的今天,历史上法家的法治理论和实践,作为文化资源(或思想资源、思想资料)应该加以研究,对它的正面作用和负面作用都应该研究。本文提出法家的法治之再审视这个话题,做了几点重新思考:第一,法家确认法治优于人治,是很了不起的;第二,整治新权贵阶层自身,是法家法治的重要方面;第三,关于法家的人性好利论;第四,无视个体生命价值,是法家法治的致命问题。

The theory and practice of rule by law of Legalists are a part of the Chinese traditional culture. As the cultural resources （or thought resources, ideology data）, their positive and negative effect should be studied in the day of strengthening the construction of rule by law now in China. This pa- per reviews the topic of the rule by law of Legalists and re-considers the following points. Firstly, Legal- ists confirmed that the rule by law was superior to the rule by man, which is amazing; secondly, the im- portant aspect of the rule by law was the regulation of new bureaucratic privilege stratum; thirdly, the human＇s fondness for benefits was concerned ; fourthly, the fatal problem of Legalists is ignoring the value of individual life.