Legalist thought was gradually formed during the Warring States Period, and the main representatives were Shang Ying, Han Feizi and so on. As one of the mainstream schools of thought in ancient China, it advocated the supremacy of law, emphasized the centralization of power, advocated pragmatism, advocated punishment, and opposed Confucianism.
Legalist thought has had a profound impact on China's legal system, administrative management, and penal system, and has also provided an important ideological foundation for China's modernization process. To a certain extent, it is also a splendid treasure in the treasure house of ancient Chinese thought, which has many remarkable characteristics:
1. Pay attention to punishment and oppose benevolent government
One of the most striking features of Legalism is the emphasis on punishmentIt was the opposite of the Confucian policy of "benevolent government", which advocated the submission of the common people and officials through harsh punishments and complete laws.
They believe that the people will not obey because of the monarch's benevolent government, but will become more severe, and only through the constraints of the law will they be willing to submit, and the stable social order and good governance effect all come from the monarch's strict reward and punishment system.
As one of the main representatives of Legalist thought, Han Feizi highly pursues this thought and once said:"The reason why the people are used by me is not because of what I love, but because of my potential. I release the situation and reap the people. If so, I don't love it, and the people don't use it. Therefore, he never loved the Tao. ”("Han Feizi Five Worms").
In the general environment at that time, the Confucian idea of benevolence was widely accepted, and they believed that human nature was inherently good, and that the toiling masses should be treated with kindness, while Han Feizi, on the contrary, believed that the monarch's benevolent policy on the poor masses was a disguised reward for nothing, which would make the people lose the motivation to compete for military merit and be loyal to the country.
On the other hand, Legalism believes that if the people who have minor sins are not severely punished, it will be difficult for the offenders to be alerted, and in the long run, the country's rule of law system will be challenged, and even lead to social unrest.
It is not only necessary for the people to enact laws to strictly regulate their words and deeds, but also for the DPRK and China. Since they were the enforcers of the people's administration in place of the emperor, they should have been more controlled.
For the DPRK and China, if a strict policy is not imposed, then"The people do not behead the enemy in foreign affairs, and they are not in a hurry to do things in the field, but they all want to be rich and wealthy, and establish a reputation for personal goodness, so as to gain respect for officials. ”(Mencius Tengwen Gong I).
It can be seen from this that in Legalist thought, both for the people and for the first need for strict requirements, only by formulating strict laws and resolutely implementing them, can we achieve the ideal goal of governing the country.
For the root of this thought, Han Feizi once analyzed it from the perspective of the root of human nature:"The beloved son of a rich family, the wealth is sufficient, the wealth is sufficient, the light is used, the light is extravagant, the love is unbearable, and the unbearable is arrogant. ”("Han Feizi: Six Antis").
Han Feizi believes that the family is the epitome of the country, and the family's excessive doting on the child will cause the child's rebellion, and the country is also like this.
2. Governing the country should be multi-pronged
As far as national governance is concerned, Legalist thought believes that we cannot simply rely on the strict legal system, but also need to combine "technique" and "potential", and only by closely cooperating and organically combining the three can we consolidate the ruling position of the monarch and form a unique monarchical authority.
In feudal dynasties, law is a symbol of power in feudal dynasties, a tool to maintain social order, and a solid foundation for consolidating one's own rule.
For the law, Legalist thought believes"The one who makes the most expensive words is also;Law, the most suitable thing also. Words are both precious, and the law is not suitable, so those who do not follow the law must be forbidden. ”(The Question). As a solid shield for the state to punish crimes, the law is the most important part of governing the country.
Shu refers to the emperor's method of power, which requires his own grasp and uses various means to maintain his power. Such means include appointments, the development of laws and policies, the application of penalties, and so on. The monarch needs to decide when and what means to use on a case-by-case basis to achieve the goal of consolidating his power and ruling over the peoples.
In ancient feudal dynasties, there were many people at the lower level and few people at the top, and it was difficult for the people at the top to understand the situation of the people at the bottom, while the people at the bottom could understand the situation of the people at the top by understanding the words and deeds of the people at the top.
As a result, people can better understand each other by getting to know each other, allowing for better collaboration and cooperation. It is also an important way of mutual trust and understanding.
"The Lord of the People sees with the eyes of a country, so he sees Mo Mingyan, and listens with the eyes of a country, so he listens to Mo Congyan. ”("Han Feizi Dingfa"). An excellent monarch who is at the height of the temple can also lead the overall situation and strategize.
And when the monarch's use of magic is not in place, it is easy to be blocked or form a first-class governance system. These are diametrically opposed to the effects of excellent surgery, and will have a long-term impact on the country's fortune and development.
The power of the monarch refers to the power and influence of the monarch in politics, economy, military and other aspects, which is the basis and guarantee of the monarch's rule. The potential is in many aspects: including blood background, military strength, economic strength, etc.
In the feudal dynasty, the monarch's family background and lineage can become the main power of the monarch, because these factors can give the monarch a sacred status and authority, military strength is a symbol of force value, but also an important guarantee of the monarch's power, economic strength is the monarch's hidden power, and the three together constitute the monarch's power.
It is precisely because of the momentum that it will appear: "Yao is a puppet, and he can't cure three people." And Ji is the son of heaven and can mess with the world. ”("Han Feizi: Difficult Situation").
Without potential, the law cannot be generated;Only when the three synergize and organically combine to find a balance can a stable political structure be formed and conducive to the country's rule and stability.