A Study On Shang Yang’s National Ideal Of Legal System

The zhou dynasty, laid the kingly way politics, and established a theoretical foundation for the political. The spring and autumn and the warring states period, the ritual system order is broken, the desire to establish a new order is more and more strong, especially the political and social relations between monarch, minister, Scholar and people.The realistic desire aroused ideological controversy, provide the basis for the legitimacy and validity of the new order. Combined with the reality, Shang Yang inherited and developed the thought of the sages,and proposed the monarchy system alone,on the basis of identifying with the variation of the Times, grasping the mind of people, and hoping the reunification, to a monarchpower to a statue, and laid a solid foundation for the world’s political ideals can be realized, so as to the political reality in theory the desire for development and to provide a theoretical basis. In this paper, the first chapter namely political desires and shang Yang’s theory on the construction carried on the thorough analysis.The second chapter focuses on discuss the monarch line right way of shang Yang, the rule of law. Monarch to promote the realization of world governance, control subjects to obey the decree to steady their power, the control namely depend on the rule of law.However, the monarch achieve the goal of the control subjects, and achieve political and social governance who must only by working out the law on the suitable time and the people’s case, setting up the special officials who has the character of integrity to carry out, punishing those Severely who break the law,and to eliminate the punishment with punishment.This is vastly different with the Confucian emphasis on ritual.The third chapter focuses on the agriculture and war, another way of the monarch solid and exercise power. Shang Yang thought to achieve the goal of the country existence and monarch alone power need to through agriculture and war, which can make the country rich and strong at the time background. Therefore, he emphasized that from the monarch to officials should set up and maintenance of the authority, to encourage or attract people for agriculture and war for the country by the title and salary reward, in order to condense force of the country, make the country strong, and in the battle to end world war and split, to achieve the unity of the world.The thought of Shang Yang not only at the theoretical level the legalist thought tends to be mature, and has a Influence on the Han Fei’s thought, and in the real level of the political society of qin had a profound Influence, and realize the unified for the after Qin, and thousands of years of autocratic monarchy political foundation.But, Shang Yang’s thought also has its limitations, and also is an ideal. but in the present, his theory is to provide us with more thinking. Therefore, we should get rid of the current in the autocratic monarchy, carry on the foundation of the people’s democratic thought to be appropriate for reference, according to the realistic problem, integration of the Western beneficial thought, to meet the needs of the construction of political and social development of the political philosophy, to promote the construction of socialist democratic politics with Chinese characteristics, and constantly promoting the rule of law, to achieve the modernization of governance. This is the basic content of the fourth chapter.