Study On Hanfei’s Severe-penalty Theory

Hanfeizi is representative of the pre-Qin legalists, his ideology is a mixture ofascendence、law and penalty.And his thought which involved in politics、 military、culture.etc,The powerful Qin dynasty once regarded his ideal as a rule to manager itsstate, so Qin established the legal system and excruciation to dominate its people andunify the six Chinese kingdoms. After Qin dynasty, Han’s severe punishment thoughtshas suffered a number of setbacks and withdrawn from the political stage, it is still anauxiliary means of Monarch to govern the country. That is “the employment ofConfucian mode in dealing with diplomatic relations with other countries and theemployment of Legalists to handle domestic affairs”. Han’s thought has always beeninfluencing the development of China ancient law. At the same time, it has deeplyinfluence on traditional Chinese legal concepts and practices.Han was born in the latter stage of the Warring states as well as a HundredSchools of Thought in the golden age. Han’s thoughts absorbed the Evil Humanity ofConfucianism, the theory of Rewards and Penalties of Mohist, non-interference ofTaoist school and Yin Yang and the five elements of YinYang, He Inherited anddeveloped Legalism Shang Yang, Shen Buhai, Shen Dao and other predecessorsthought, all of this help him developed his own distinctive heavy thought. which canbe seen as following:(1)Anthroposophy. It analyse the relationship of heavy sentenceand the human nature, because humans are obsessed with interests but afraid ofpenalty.(2)Management. The Government should formulate relevant laws andregulations to Constraint people’s behavior and there must be laws for people tofollow.(3)Bonus-penalty. According to human characteristic. Monarch should use theappropriate reward and punishment to administer its citizen.(4)Degree. Monarch mustpay more attention to penalty than reward, because the deterrence power of penalty isgreater than reward.(5)“Ruling the country by law”,It is means that an emperorrunning the country should lay stress on law, however, Formulating a perfect law toguarantee of the normal operation of the country is also necessary. Han’s thought as ameans of governing the country. Due to the strict rule, severe punishment and crueltreatment, it has lead people “Anti-litigation”,governors contempt for human life andother negative effect. It is no doubt that Han’s thought has consolidated Centralizedsystem of feudal monarchy. and strengthen highest imperial power. It help us fight against corruption scandals case and promote the national implementation of the ruleof law. Han’s thought has certain model significance of construct a harmonioussociety and his ideology which is worth investigating further,...