中主抑或圣人——以人格与位格为中心维度的韩非君主理论

Mediocre Monarch or Sage:Monarch Theory Centered on Personality and Locative Promoted by Han Fei

权力的构成及运作方式是政法理论的核心命题之一。在以君主统治样态存在的政制关系中,作为权力系统的承载者与运作者的君主,是不同政法维度的关系的连接者。本文以韩非的君主权力及其运作方式为切入点,围绕君主得以集权独断的理论基础,分析韩非以君主独治为目标的制度设计中各种规范的具体应对,从君臣之维、君民之维、君国之维、君法之维及君主的人格与位格之维等不同角度揭示其君主理论的内在对应;法要求君主的公正开明与术要求君主的诡谲莫测之间形成了巨大的张力,两者对于君主的形象是互相排斥的,两者的统一只能在于圣人一身,即以反制度的术达成制度化的法,而因君主不受法的约束且高居于法之上,在法与术的运用中,君主不能保证法的公开性与明确性不受术的破坏,法的规则之治屈从于君主的权力权威。经由法术势的结合达到的君主独治状态,基于势而形成的中主之治与运用法术所要求的圣人之治的偏差,不但在君法维度,而且在君主的人格与位格维度上出现了难以调和的冲突。此种冲突使其理论未能在实践中达到其预设的"明主之国"的明主之治,"至治之国"与"至安之世"无从实现。在此基础上进一步探讨君国层面上的政权存续问题,韩非在应对封建之天下与大一统之专制这两个面相的国家时所产生的内在冲突,更彰显了其理论的时代意义。

The composition and operation mode of power are the core thesis in the theory of politics and law. In the monarchy politic system, as the bearer and operator, the monarch is the connector between different political and legal dimensions. Based on the theory of centralization of power and arbitrary, this thesis analyzed the specific replies to the rules of the institution aiming at the extreme monarchy politics from the perspective of monarchy power and operation mode promoted by Han Fei, and revealed the inner corresponding relation in monarch theory from the perspectives of monarch and courtiers, monarch and people, monarch and state, monarch and law, and the personality and locative of the monarch. The requirement of justice and openness from the law and the treacherous and unpredictable of the monarch formed a severe conflict, since the two requirements are mutual repulsive and can only be coexisting in a sage. That is to say, since the formation of institutional law was based on the anti-institutional shu, so the monarch shall not be subject to the law, and on the contrary he is higher than the law. In the operation of law and shu, since the monarch cannot guarantee the openness and certainty will not be destroyed, the governance of law will be subject to the authority of the monarch. The state of arbitrary dictation com- posed by fa, shu, shi and the divergence between governance of mediocre monarch based on shi and the governance of sage required by the operation of fashu formed the irreconcilable conflict not only in the dimension of monarch and law, but also the dimension of personality and locative of the monarch. Such a conflict made the theory fail to reach the state of ＂governance of wise monarch＂ in practice, and then ＂a time of peace and prosperity＂ will never come into being. Based on this, Han Fei probed into the continuance of the regime form the perspective of monarch and state and discussed on the inner conflict between feudal domination and the arbitrary dictation in unification has its significance of times.