Pre-Qin Legalists’ Thought Of Legalism And Justice Value Research

As one of the mainstream reprents of the hundreds of various schools in the pre-Qin period, the legalists’ thought not only was adopted by many vassal states as the official guiding ideology of politic reform and national governance,which led the legalists to be widely known and particularly prominent, but also had been affecting more than two-thousand years of Chinese feudal political system mode and the legal system. Even today, the pre-Qin legalists’ thoughts of legalism also has a great academic significance and historical significance.In this paper, from the view of value we found many justice qualities, such as objective, fairness, equality and so on through an in-depth study on the legalists’ thoughts of legalism, which showed an obvious positive value significance. However, after a further investigation and analysis, and according to the comprehensive research and evaluation from the later scholars, We got a clearer understanding to the justice of the pre-Qin legalists’ thoughts of the legalism that it in fact still spoke on behalf of the monarch’s and the feudal regime of the ruling class’ interests and value, which was determined by the specific development stage of history. Although the legalists’ thoughts of the legalism became a way and a mean of the monarch ruling in the end, but the spirits of innovation, reform and many justice value shown itself were still worthy of respect and praise.The introduction part mainly analyzes the general situation of the research,the background, significance,general situation,review, methods and innovation of the research, as the theoretical background and theoretical preparation to formally describe the pre-Qin legalists’ rule of law and justice value of.The first chapter is the introduction of pre-Qin legalists school, mainly introduces the general situation of pre-Qin legalists school, including the characters on behalf of legalism and the main ideas, and the rise of Qin legalist school social background and academic origin and so on, which presents the general knowledge and situation of the pre-Qin legalists. What’s more, the origin of "legalism" is also introduced.The second chapter expounds the theory system of the pre-Qin legalists’ rule of law. It’s theoretical premise is constituted of theories of social evolution, law origin and human nature. On this basis, the legalists’ pursuit of the value targets can be summarized as three levels including new army and political hegemony at the national level, all unified to the rule of law at the social level and military exploit and interest from farming war on a personal level. Legalism concrete practice path of the rule of law mainly include farming war, the rule of law, punishment of the reward and potential, etc.The third chapter dialectically analyzes the socialist justice value of pre-Qin legalists’ rule of law which contains fairness, equality and impartial qualities. But on the other hand, what cannot be denied is that it in fact has many historical limitations, such as man properties behind the rule of law, heavy misdemeanor and abstinence, and overly high strength chase and amoralism. All of these restrict the development of the legalism, and even directly or indirectly lead to the demise of the Qin dynasty and the merging of Confucianism and legalism after the Qin dynasty.