解构与承继:《韩非子》法治理念的时代转换

Deconstruction and Succession: Time shifting of Law-oriented Viewpoints of Han Feizi

韩非作为法家的集大成者,系统地考察了历史统治经验,在先秦法家人物的基础上全面发展了法治理论,极大地影响了中国的传统文化。但限于历史条件,韩非的法治理论显现出了为君主专制服务的工具性以及法治手段的极端性,这和现代法治理念相差甚远,但是其中的法本理念、法不两适、法不阿贵等对现在的法治建设依然有积极意义。

As a master piece of legalists in the warring states period, Han Feizi systematically examined the experience of rule in the history, developed the theory of the rule by law on the basis of the comprehensive legalists figures, and greatly influenced traditional Chinese culture. However, limited by the historical conditions, the theo- ry of rule by law showed the instrumental serving as the absolute monarchy and extremism of the ruling means, which falls far behind from modern concept. But the theory still has positive significance for today＇s legal system construction with regards to the fact that law -oriented concept, the law can not be suitable for both private and public purposes, the law can not flatter dignitaries as their agents.