礼法一体化的法学原则——韩非法学思想特点探讨

The Legalist Principle of An Organic Whole of Propriety and Law——Study on the Features of Han Fei’s Legalism

韩非,中国战国时期的著名哲学家和政论家。他从法家思想出发,主张依法治国,兼收儒家的核心思想,建立了外儒内法的礼法-体化的法学原则,即:依法治国,行法有度。强调在行法时要掌握术和势,这样就能够实现儒法互补。术指君主必须懂得如何驾驭群臣的法术,势指行法时要了解权力和地位的意义。依法治国不以君主的个人意志为转移。法务公开,而法术深藏,这样便于奠定君主的权势,不会大权旁落成为傀儡。这对富国强兵有决定性的意义。

Han Fei was famous philosopher and political writer in the period of Warring States. Starting from the legalist stand point, he held that the administration of government according to law and the incorporation of kernel thought of Confucianism,hence he built the legalist principle of an organic whole of propriety and law. That is to say: administrate government according to law and enforcement of law should be strict. He stressed that the sovereign must hold his arts and methods,and grasp power and position,in this way Legalist and Confucianism may be complemented mutually. The sovereign must know the arts how to govern the official under him and the significance of power and position. The law cannot move in accordance with the individual will. The law is public,but the arts how to govern the official is deep in the sovereign’s mind,thus his power cannot pass into others’ hands and he cannot be a puppet. This is a decisive significance to make the country rich and build the military power.