Research On Han Feizi’s Thought Of Reward And Punishment

For the first time,the report to the 20 th National Congress of the Communist Party of China made a separate chapter on "Upholding the rule of law in an all-round way and promoting the construction of China under the rule of law",and made a special chapter on the discussion and special arrangements,stressing "building a modern socialist country in an allround way on the track of the rule of law" and taking the Chinese-style road of modernization of the rule of law.Nowadays,with the deepening development of socialism with Chinese characteristics,it is more and more important to study Chinese rule of law culture and thoughts.China’s rule of law culture has a long history and rich connotation.Han Feizi was the great legalist of pre-Qin Dynasty,and also the last legal master of Pre-Qin Dynasty.His thought occupies a very important position in the history of ancient Chinese legalist thought.On Han Feizi’s legalist thought,most scholars only pay attention to the theory of combining "law","art" and "power",and talk about Han Feizi’s discussion on reward and punishment less or even ignore.In fact,Han Feizi’s thought of reward and punishment was also an important part of his whole ideological system,which played a very important role in the state of Qin’s governance and its progress towards prosperity.In order to fully grasp Han Feizi’s thought of reward and punishment,this paper examines the historical background of Han Feizi’s thought of reward and punishment in detail.Han Feizi lived in a period of transition from agriculture to handicraft industry and commerce,and the social economy showed a relatively open and prosperous trend.At the same time,during the Warring States period,the competition between the vassal states was intense,and each state changed laws in order to seek a better mode of state governance.Influenced by the legalist culture of Qin and Jin dynasties,Han Feizi,based on the theory of sexual evil,slowly constructed his own ideological system of reward and punishment under the inspiration of pipe thought.His thought of reward and punishment can be divided into four main parts: legal reward and punishment,equal reward and punishment,honest reward and punishment,and degree of reward and punishment.Reward and punishment should be the criterion of law,and should not be arbitrarily decided by people’s subjective will.In addition,reward and punishment should be equal,regardless of high or low,to ensure social justice.At the same time,reward and punishment should be established on the basis of good faith,in order to achieve the restriction of people’s moral behavior.Finally,reward and punishment should be proportionate,avoid excessive punishment to social order and human dignity harm.On the basic content of Han Feizi’s thought of reward and punishment,this paper analyzes and summarizes the characteristics of Han Feizi’s thought of reward and punishment.Han Feizi advocated the rule of law and opposed the rule of virtue.The rule of virtue and ethics could not deal with troubled times.At the same time,the emphasis on punishing the Lord and rewarding the auxiliary,severe punishment,in order to build a new social order.Han Feizi believed that the imperial power was too strong,and the law of reward and punishment would form a formal constraint on the exercise of the imperial power.Reward and punishment should be a means of education,in order to achieve the guidance and restraint of people’s moral behavior,so the official,reward and punishment for teaching.Finally,this paper evaluates Han Feizi’s thought of reward and punishment on the whole,and points out its enlightenment to today’s rule of law.Han Feizi’s thought of reward and punishment had a great effect on the politics of Qin state,the state strategy of later generations and the legal psychology of the public.Its progressiveness is reflected in its connection with the modern spirit of the rule of law,such as legal punishment and fair justice,while its limitations are reflected in the exclusion of the rule of virtue and the lack of humanistic spirit.