法治臣民、术防重臣——韩非法术观论析

Governing Subjects by Law and Bewaring of Senior Officials by Statecraft—— A Research on Han Fei's Legalist and Statecraft Theory

为重建母国政治秩序,韩非提出了"法治臣民、术防重臣"的政治主张。这将传统的"君—臣—民"线性统治在权力顶层替换为"君—民""君—臣"两条线索,将民和臣同时视为君权的对立面。韩非的法治具有预期确定、塑造公共理性的优点,解决了国家基本秩序稳定的问题。鉴于法不能有效约束重臣,他又提出"术防重臣"作为加强秩序的手段。当"法"走向"术",君主统治方式由"规范"转为"防范",就会最终导致君主集权下"权力的不均衡散布"状态。

In order to rebuild the political order of his motherland,Han Fei puts forward the political proposition of "governing subjects by law and bewaring of senior officials by statecraft".This proposition replaces the traditional linear rule of "Prince-Officials-Subjects" by two rules of "Prince-Subjects" and "Prince-Officials" at the top level of power.It seesboth the people and the officials as rival parties of the monarchical power.Han Fei's nomocracy has many advantages,such as having stable anticipation and being able to shape public reason.It establishesa stable basic national order.Since his nomocracy can't restrain senior officials effectively,Han Fei proposes"governing senior officials by statecraft" as a complement to strengthen political order.Turning the main method of domination from law to statecraft leads to the uneven distribution of power under monarchical rule.There is a huge paradox in Han Fei's statecraft theory,for what is meant to make up for the lack of order in nomocracy eventually destroys the order.