Han Fei’s Idea Of Governing Officials According To Law And Its Modern Enlightenment

Officials play an indispensable role in maintaining the normal functioning of the country and in maintaining the operation of the law.In today’s critical period of governing the country according to law and comprehensively administering the party strictly,officials who govern the country according to law have a realistic demand.Under the inherent requirements of the inheritance of the rule of law culture,on the road of firm cultural self-confidence,we can seek the wisdom of the ancients.The preQin legalist Han Fei faced problems such as governing the country and governing officials,and put forward the idea of administering officials according to law.The theoretical basis of Han Fei’s thinking on governing officials according to law includes the theory of human nature of "good interests and evil",the theory of changing the law "with the times",the theory of rule of law "based on law",and the management theory of "ruling officials without ruling the people".The specific form is to pay attention to talent and merit in the selection of officials,and "let others be long";The duties of the officials are clear,"the non-commissioned officer does not concurrently serve as an official";Officials are punished according to law,and "clear rewards are severely punished";In supervision,it is necessary to supervise according to law and"follow the name and be responsible."Han Fei’s ideology of governing officials has three aspects:governing officials according to law,ruling officials according to art,and ruling officials according to the situation.The connection between Han Fei’s thinking of governing officials according to law and the ideas of governing officials according to art and according to the situation lies in the complementary functions and cross-cutting content;The difference lies in the first is the different status:ruling officials according to law is the core,and ruling officials according to technique and power is supplemented;Second,the characteristics are different:the rule of law is open,and the rule of law is secret;Third,the content focuses on different things:according to law,art,and situation,they respectively focus on law,art,and situation.Han Fei’s ideology of ruling officials according to law has the limitations of defending absolute monarchy,extreme penal ism,and underestimation of the role of morality.To this end,we can reasonably learn from the specific measures in the Han and African rule of law officials from the formal level,such as handling affairs according to law,clear responsibilities,supervision according to law,and matching names in shape,so as to make the past and the present.