韩非子廉政法治观的基本逻辑及其历史价值

Views of Han Feizi on the Legal Perspectives of Clean Governance:Basic Logic and Historical Significance

如何从传统法治文化中汲取营养,促进当代中国的反腐倡廉,已经成为廉政建设的一个重要课题。韩非子作为法家文化的鼻祖,在战国时期就提出了以"彰廉、施廉"为内容、以"有吏、御吏"为核心、以"重势、造势"为要素的"法、术、势"相结合的廉政策略。以今天的眼光来审视这些思想,其虽然存在着一定的局限性,但是蕴含的"存敬畏、讲法治"、"有信念、守规矩"等观点对于现时期我国廉政建设不乏启示意义。

How to draw new nutrition from the traditional culture of rule of law and promote anticorruption and clean governance in contemporary China has become a topic of considerable significance for the construction of clean governance. As the initiator of the legalist school, Han Feizi put forward the strategy of clean governance through the combined efforts of the law,the means and the authority in the Warring States period. The laws should include the proclamation and application of clean governance, while the means is focused on choosing and supervising officials, and the authority emphasizes the awareness and creation of the situation. Viewed from the present perspective, although there exists some limitations, some opinions, such as＂be reverent and seek a governance by law＂, and ＂be faithful and abide by regulations＂, provide certain inspirations to the present construction of clean governance.