论韩非法治学说的价值系统

On Value System of Han Fei’s Law Theory

韩非否定仁义在战国末期治国理政中的作用,并不意味着其他主张将政治与伦理分开,他构建了先秦法家治国理政所追求的价值系统。韩非认为诸侯国应当按照强弱顺序构建起以富国强兵为核心的富强价值观、以推功称能为内涵的公正价值观、以一断于法为标准的法治价值观、以法律信用为实质的诚信价值观。富国强兵是最重要的价值观;在富国强兵过程中激发民众积极性必须通过推功称能的公正等级制;推功称能客观上离不开不殊贵贱、不辨亲疏的法治;以法治国的生命力在于法治信用。

Han Fei′s denial of the role of benevolence and righteousness in governing state affairs in the late Warring States period does not mean that his other propositions separate politics from ethics. He constructed the value system pursued by the legalists in the pre-Qin period. Han Fei believed that the states should construct the values of prosperity and strength with the goal of enriching the country and strengthening the army, and the values of justice with the connotation of meritorious reputation;while the value of rule of law and the value of honesty and credit are based on the criterion of continual adherence to law. In his opinion, having a rich country and a strong army is the most important value;in the process of enriching the country and strengthening the army, it is necessary to stimulate the enthusiasm of the public through the system of justice hierarchy;rewarding according to merit and ability cannot be separated objectively from the rule of law, no matter noble or lowly, close and distant relationship;and the vitality of the rule of law lies in the credibility of the rule of law.