商鞅预防犯罪的思想

On Shang Yang's Prevention Thoughts of Crime

法家学派的代表人物商鞅以消除社会犯罪现象为法治的目标,他以法律预防犯罪的思想系统、完整。在心理层面,强化人们对犯罪的畏惧感,消除犯罪脱刑的侥幸心理,建立法律公平感,培养人们对法律的心理亲和性和主动守法意识,利用功利心理诱导人们循法行事。在理性层面,普及和强化法律认知,达到人人“自断”。最终在行为层面,使社会成员皆能自律、自治,以至“天下无刑死”。商鞅尤其重视防范官吏犯罪,提出了一些独到、深刻的见解和卓有成效的措施。商鞅预防犯罪的思想也存在着明显的缺失。

Shang Yang, a representative figure of Legalist School, set the goal of'governing by law' at cleaning up crime in society. He had developed a systematic and comprehensive theory of law. In the psychological dimension, it reinforces people's fear for committing crimes, eliminates the fluke mentality of escaping punishment by chance, builds equality in law, and fosters people's affinity to law and their initiative law-abiding awareness. It takes advantage of peoples' material gain mentality to guide them to behave in accordance to law. In the rational dimension, it popularizes and reinforces law cognition to empower with the ability of self-decision. In the behavior dimension, every member of society should be capable of self-discipline and self-regulation so that there is 'no death for committing crime'. Shang Yang attached special importance to prevention of bureaucracy crime. He raised some original insightful perception and effective measures. However, there are some obvious flaws in Shang Yang's thoughts of crime prevention.