Research On Han Fei’s Reward And Punishment Thought

In this thesis,"reward and punishment" is selected as the starting point of the research.The book "Han Feizi" is used as the main reference text.The purpose is to analyze Han Fei’s understanding and discussion of reward and punishment in detail.Re-examine the "natural law" and "actual law" of reward and punishment,and abstract the five principles of reward and punishment that the ruler should follow when using the two handles of reward and punishment.This article is based on economic theory,and from the perspective of modern subject theory,to deepen the research on the structure and application of reward and punishment in Han’s ideology of illegal governance,and to explore the significance and value of Han Fei’s reward and punishment thought.There are 55 articles in "Han Feizi"."Reward and punishment" appears 55 times as a word,scattered in 21 articles."Reward" and " punishment " appear separately in 37 articles.These figures are enough to show that Han Fei’s thoughts of reward and punishment occupy an extremely important position in his entire field of thought."Reward" and " punishment " appear in the book and are discussed at the same time.However,since ancient times,the academic discussion on Han Fei’s thoughts on reward and punishment has focused too much on the word "punishment".The generalization of the theory of the rule of law is also described more as severe punishment,severe law,strict shame,and strict law as the rule.In the long history of academic research,people are used to using "reward" as a subtraction.Taking " punishment " as an addendum,in the process of repeated addition and subtraction," punishment " gradually became prominent,and Han Feizi’s "severe punishment" characteristic was realized;while "reward" gradually disappeared,more and more disappeared.What is forgotten and ignored by researchers."Sailing the Lost Reward",reducing prejudice against punishment,and reexamining Han Fei’s thoughts on reward and punishment from the perspective of information economics are necessary links and contents for objective interpretation and evaluation of Han Fei’s thoughts.The judgment of reward and punishment runs through the beginning and end of "Han Feizi",and there are many examples.From ancient times to today,we should re-examine Han Feijia’s thought through modern analysis methods in order to obtain new meaning of his thought.In the introduction,the thesis mainly elaborates the research background and significance,the research overview of Han Fei’s thought at home and abroad,and so on.The second chapter focuses on the human nature theory of reward and punishment.Zhang Jinfan believes that any kind of legal doctrine has its philosophical premise.The philosophical basis of the ancient Chinese rule of law thought is the theory of human nature of "benefit to avoid harm," and the view of evolutionary history of "unlawful ancient,not modern"."Taking advantage and avoiding harm" and "Illegal law,not following the present" are all derived from "Han Feizi",which is also the basic argument of Han Fei’s theory of human nature and historical outlook.As a part of Han Feizi’s thought,reward and punishment are rooted here.Han Fei not only built rewards and punishments on the philosophical basis of the theory of human nature,he even further elevated the foundation-"Xuntianshunren".Man is human nature;heaven is the product of the Tao,and heaven must follow the Tao.It can be concluded from this that rewards and punishments conform to the "Dao".Although the reward and punishment are under the control of the monarch,it is not free to do whatever it wants,and its exercise time must be restricted by human nature,heaven,and Tao.This set a universal rule for the supreme monarch’s power of reward and punishment-"the way of man." In the "Dao" order,the monarch’s magic weapon is "quiet retreat" and the second handle is "reward and punishment".The combination of inaction and action achieves the highest state of governing the country.I have to say here that Han Feizi’s brilliant wiseness and extraordinary ability of "moving flowers and connecting trees",he cleverly linked Huang Lao’s thoughts to the ruling nation,and the metaphysical and the metaphysical evidence."Dao" represents rules and order.It is actually an enlarged interpretation of "Fa",or "Dafa".In the eyes of Han Fei,no matter the supreme monarch or ordinary people,they are in the "Dafa" No one has the authority to exceed its rules.The "natural law" of reward and punishment is "the Dao." "Dao" itself is the origin of everything in the universe and constitutes the operating rules of everything in the universe,which regulates the order of the universe and the order of the world.Han Fei transformed the metaphysical "Tao" into the "reason" of all things,and then transformed it into the rule of people’s behavior-"law." Therefore,rewards and punishments cannot be separated from the statutes of "Dao","Li",and "Law"."Xuntian" is the most basic requirement for rationalizing rewards and punishments.In addition,on the basis of "Dao",Han Fei extended his view of natural humanity and historical development,which is a philosophical basis for the five contents of reward and punishment.Therefore,the operation of rewards and punishments must also " adapted to the human condition ",that is,in line with the theory of human nature.From a comprehensive point of view," fitted in with the natural order and adapted to the human condition " is the philosophical basis of reward and punishment.As for the "actual law" of reward and punishment,this article summarizes its abstraction into five content of reward and punishment thoughts,which are divided into five chapters.It explains from the aspects of connotation,origin,foundation,composition,operating mechanism,implementation effect,etc.An in-depth analysis of a content to deepen the understanding of Han Fei’s idea of reward and punishment.The third chapter is the law of rewards and punishments.From the perspective of "natural law",rewards and punishments are attributed to Tao because of human nature and law is attributed to Tao.From the perspective of "actual law",the law of reward and punishment must be fixed,open and enforceable.On the whole,the ultimate goal of statutory rewards and punishments is to achieve the unity of human order and cosmic order.It can be said that it is an incentive mechanism for governing the country.In the face of the game between conflicting interests,it is only necessary to change preferences,coordinate their expectations,and ultimately change the outcome of the game in a direction that is conducive to national development.Analyzing the legal principle of reward and punishment based on the "gathering point" equilibrium theory,we find that the consistency of "reward,reputation,disapproval,and mischief" plays a vital role in achieving a rich country and a strong army.Statutory rewards and punishments can reduce people’s behavior costs and alleviate social conflicts,which is an important strategy for governing the country.The fourth chapter is the establishment of a two-way credit mechanism under the rule of law system,which is not only a state’s commitment to its subjects through the law,but also a process of building subjects’ faith in the state,monarch,and law.In addition,the law of reward and punishment contains two levels of law and morality,which embodies the internal conscientiousness of the people by the external constraints of the law.In the process of implementing rewards and punishments,public presuppositions need to be written,and the monarch needs to take a series of measures to increase the probability of rewards and punishments,and there must be enough powerful "strength" to ensure that rewards and punishments are implemented.Therefore,Han Fei advocates the integrated operation of law,art,and power,supplemented by the education of the rule of law with "Teaching the Law as the Teacher,and Taking the Official as the Teacher",and truly "reward must be punished".Chapter V Equality of Reward and Punishment is a portrayal of the most distinctive features of the Legalists: " Don’t be indifferent to others,not expensive,and despised by the law." Han Fei’s concept of equality has its historical origins in the vertical direction,and is also affected by horizontal geographical and environmental factors.It is rooted in deep economic,cultural,and class foundations,and also incorporates the flesh and blood souls of Shang Yang and Wu Qi.The equal reward and punishment really moved the "cheese" of the aristocracy,and also laid a solid foundation for the spirit of "law is not expensive" thousands of years later.Although later generations have different opinions on Han Fei’s equality,it is not easy to put forward such a concept in the Spring and Autumn Period and the Warring States Period.Therefore,the equality of reward and punishment can really be described as " Bian-he Diamond".Chapter VI limits of reward and punishment embody the balance of reward and punishment.Han Fei applied the doctrine of the mean to rewards and punishments,and warned the monarchs to grasp the "property" in rewards and punishments and not to abuse them.Based on the concept of historical development,this article explains the limits of rewards and punishments from the three dimensions of quality,quantity and degree,and analyzes the role and significance of rewards and punishments in the construction of social order.Chapter VII "Audit" of rewards and punishments is a procedural requirement for the monarch to implement rewards and punishments,and is the guarantee of rewards and punishments.Because of the asymmetry of information between monarchs and ministers,if you want to implement rewards and punishments fairly,you need to meet the fundamental requirements of "compliance".In this principle,Han Fei regards the relationship between monarch and minister as a principal-agent relationship,which embodies a spirit of contract.By analyzing these five rewards and punishments,we can see that rich nations and strong soldiers,Wang Tu’s dominance,and the construction of order have always been the basic starting point and ultimate goal of Han Fei’s rewards and punishments.He advocated "law" and "rule",after all,in order to achieve "rule".