法家思想值得称赞的地方

法家思想值得称赞。Legalism is worthy of praise.

□司法不公本质上是一个缺乏司法信用的问题。缺乏司法信用将不可避免地导致司法信用的下降和司法权威的消除。法律信用和司法信用理论对今天的司法改革具有特殊的参考意义。

□ Judicial injustice is essentially a problem of lack of judicial credit. Lack of judicial credit will inevitably lead to the decline of judicial credit and the elimination of judicial authority. The theory of legal credit and judicial credit has special reference significance for today's judicial reform.

□法家专注于国家治理和政治起点。这很有启发性。今天的中国基层官员团队很大。他们代表政府面对群众。他们的言行与政府的形象和人民的利益有关。官员应该从基层开始，这是政治和法治的基础。

□ Legalists focus on national governance and political starting points. It's illuminating. The team of grassroots officials in China today is large. They represent the government to the masses. Their words and deeds are related to the image of the government and the interests of the people. Officials should start from the grassroots, which is the foundation of politics and the rule of law.

党的十八届四中全会公报指出，全面推进依法治国的总体目标是建设中国特色社会主义法治体系和社会主义法治国家。也就是说，在中国共产党的领导下，坚持中国特色社会主义制度，贯彻中国特色社会主义法治理论，形成完整的法律规范体系，高效的法治实施体系，严格的法治监督体系，强有力的法治保障体系，形成完善的党内法律法规体系，坚持依法治国，依法执政，依法行政共同推进，坚持法治国家、法治政府、法治社会一体化建设，实现科学立法、严格执法、公正司法、全民守法，促进国家治理体系和治理能力现代化。

The communiqu of the fourth Plenary Session of the 18th CPC Central Committee pointed out that the overall goal of comprehensively advancing the rule of law is to build a socialist rule of law system with Chinese characteristics and a socialist country under the rule of law. That is to say, under the leadership of the communist party of China, adhere to the socialist system with Chinese characteristics, carry out the rule of law of socialism with Chinese characteristics theory, form a complete system of legal norms, efficient implementation of law system, strict supervision system under the rule of law, a strong rule of law guarantee system, forming perfect inner-party laws and regulations system, insist on governing the country according to law, ruling in accordance with the law, We will work together to promote law-based administration, integrate the building of a country, government, and society under the rule of law, ensure sound legislation, strict law enforcement, impartial administration of justice, and observance by all, and modernize China's governance system and capacity.

可以看出，综合法治是一个动态系统，包括立法、司法、执法、守法和法律监督，是中国当前和未来治理的基本战略。它不仅有助于促进国家治理体系和能力的现代化，而且为国家和社会生活的和谐稳定提供了有力的保障

It can be seen that the comprehensive rule of law is a dynamic system, including legislation, judicature, law enforcement, law-abiding and legal supervision, which is the basic strategy for China's current and future governance. It not only helps to modernize China's governance system and capacity, but also provides a strong guarantee for the harmony and stability of the country and social life.

今天是历史的延续。就像文化继承和创新一样，法治也是如此。今天的法治也是继承的产物。从法治的角度来看，战国时期的法律也提倡以法治的形式治理国家的学术学校，这体现在其依法治国的理论体系中。法家认为，社会和谐只能通过法治来实现。法家经常用治理和混乱来表达社会的和谐和不和谐。例如，商鞅说：刑罚，国家治理；刑罚，国家混乱。这意味着法治将使国家得到重大治理，否则将导致国家混乱和社会不和谐。可以说，在追求社会和谐的目标上，法家与儒家是一致的，但与儒家的区别在于它所采用的手段。儒家思想只有通过德治才能实现社会和谐，而法家思想则强调法治的独特性。根据法家思想，法治包括明法尊重法律、无等级、加强监督、破私任法等。

Today is a continuation of history. As with cultural inheritance and innovation, so with the rule of law. The rule of law today is also a product of inheritance. From the perspective of rule of law, the laws of the Warring States period also advocated academic schools governing the country in the form of rule of law, which was reflected in its theoretical system of rule of law. Legalists believe that social harmony can only be achieved through the rule of law. Legalists often use governance and chaos to express social harmony and disharmony. For example, Shang Yang said: punishment, state governance; Punishment, national chaos. This means that the rule of law will enable significant governance of the country, otherwise it will lead to national chaos and social disharmony. It can be said that in the pursuit of social harmony, legalism and Confucianism are the same, but the difference lies in the means it adopts. Confucianism can realize social harmony only through rule by virtue, while legalism emphasizes the uniqueness of rule by law. According to legalism, the rule of law includes respect for law, no hierarchy, strengthening supervision, and breaking private law.

明法尊法The law is known and respected

法家理论大师韩飞指出，明法者强，慢法者弱。明法意味着法律易于理解。这是为了立法。一个好的立法应该让普通人容易理解，而不是晦涩难懂。韩飞还说：如果法律明确，贤者就不能占不肖，强者就不能侵犯弱者，人就不能寡居。这里的法律清晰也意味着明确的法律。如果我们理解法律，我们就能把握自己利益的界限。这样，强者就不能侵犯弱者，大多数人也不能欺负少数人，因为法律已经划定了一个群体，越界将受到惩罚。

Legalist theory master Humphrey pointed out that the law is strong, slow law weak. Clear law means that the law is easy to understand. This is for legislation. A good piece of legislation should be easy for ordinary people to understand, not obscure. Humphrey added: if the law is clear, the wise cannot take advantage of the weak, the strong cannot invade the weak, and people cannot be widowed. Legal clarity here also means clear law. If we understand the law, we can control the boundaries of our own interests. In this way, the strong cannot offend the weak, and the majority cannot bully the few, for the law has already defined a group and transgressions will be punished.

法家一再强调尊重法律，主要包括以下两层含义：一是指官员、君主和普通人应尊重法律；二是法律具有至高无上的权威，法律的权威高于君主的权威。法家的代表人物之一管子曾经说过：不要改变你的命令，让你尊重你。换句话说，法律不能因为君主的个人欲望而改变，法律的地位高于君主。因此，不仅是普通人、官员，君主也应该尊重法律。君主应该采取法律自治，即君主在立法后带头遵守法律，并有意识地用法律约束自己的行为。这样，君主和大臣就是从法律上来的，这就是所谓的大治理。换句话说，国家和谐稳定的前提是君主和大臣服从法律，依法处理事务。商鞅还说：所以要小心法律制度。不喜欢法律的人不听；不喜欢法律的人不高；不喜欢法律的人不这么做。换句话说，聪明的君主必须带头遵守法律。只有这样，他才能实现国家治理和社会和谐的政治目标。

The legalists have repeatedly emphasized respect for the law, mainly including the following two meanings: first, it means that officials, monarchs and ordinary people should respect the law; Second, law has the supreme authority, the authority of law is higher than the authority of the monarch. Guan Zi, one of the representatives of legalism, once said: Do not change your orders, let you respect you. In other words, the law cannot be changed because of the personal desires of the monarch; the law is superior to the monarch. Therefore, not only ordinary people and officials, but also the monarch should respect the law. The monarch should adopt legal autonomy, that is, the monarch takes the lead in observing the law after legislating, and consciously restrains his own behavior with the law. In this way, the sovereign and his ministers follow the law, which is called great governance. In other words, the premise of national harmony and stability is that the monarch and his ministers obey the law and handle affairs according to the law. So beware of the legal system, Shang added. Those who do not like the law will not listen; People who don't like the law are not high; People who don't like the law don't do that. In other words, a wise monarch must take the lead in obeying the law. Only in this way can he achieve his political goals of national governance and social harmony.

在法家看来，法律是至高无上的，它的权威高于君主的权威。法律的权威不仅来自法律的公平性，也来自法律的信用。法律的信用应当通过奖励必须受到惩罚的司法手段来实现。历史上，商鞅迁木立信的故事反映了法家对法律信用的重视。韩飞说：如果你不相信奖惩，你就不能被禁止。这意味着信用司法是法律实施的前提。应该说，在中国历史上，法家首先明确提出了信用作为法律主张，并将其作为各级官员的法律要求。没有法律信用，就没有法律权威；没有司法信用，就没有司法权威。法家所说的奖励必须受到惩罚，这是一个司法信用问题。应当受到惩罚的人必须受到惩罚。司法人员应当遵守公司法，不得徇私舞弊。否则，司法不公正将极大地损害整个法律体系的信用和权威。司法不公平本质上是缺乏司法信用的问题，必然导致司法信用的下降和司法权威的消除。因此，法家的法律信用和司法信用理论对我们今天的司法改革具有特殊的参考意义。

In the eyes of legalists, law is supreme and its authority is superior to that of the monarch. The authority of law comes not only from the fairness of law, but also from the credibility of law. The credit of law should be realized by rewarding judicial means that must be punished. In history, the story of Shang Yang's removal of Mu Lixin reflects legalists' emphasis on legal credit. If you don't believe in punishment or reward, you can't be banned, Humphrey said. This means that credit judicature is the premise of law implementation. It should be said that in Chinese history, the legalists first explicitly put forward credit as a legal proposition and regarded it as a legal requirement of officials at all levels. No legal credit, no legal authority; Without judicial credit, there is no judicial authority. The reward said by legalists must be punished, which is a judicial credit problem. Those who deserve to be punished must be punished. Judicial personnel shall abide by the Company Law and shall not engage in malpractices for personal gain. Otherwise, judicial injustice will greatly damage the credibility and authority of the entire legal system. Judicial unfairness is essentially a problem of lack of judicial credit, which will inevitably lead to the decline of judicial credit and the elimination of judicial authority. Therefore, the legalist theory of legal credit and judicial credit has special reference significance for our judicial reform today.

责任行政Administrative responsibility

责任行政的理论要求行政执法主体对自己的行为承担责任。因此，秦朝贯彻法家思想，制定了完善的监督制度，严格监督行政执法，调查执法主体的违法行为。法家提倡明确主治官员不治民（实际意思是官员比治民更重要），要求将整改官员作风纳入法治轨道。值得注意的是，这里的官员是当时的底层官员（高级官员称为官员），数量庞大，与公众接触广泛。其风格如何直接影响政府在公众中的形象，也与公众的利益需求和社会的和谐稳定直接相关。因此，法家将国家治理的重点和政治起点放在官员治理上。这对我们很有启发性。今天的中国基层官员团队很大。他们代表政府面对群众。他们的言行与政府的形象和群众的利益有关。即使最低级管理人员作弊撒谎，他们也没有诚信。大力寻租和私囊会对单位和国家利益造成重大损害，甚至影响社会和谐稳定。因此，治理者应该从基层开始，这是政治和法治的基础。

The theory of responsible administration requires the subject of administrative law enforcement to assume responsibility for his own behavior. Therefore, the Qin Dynasty implemented the legalist ideology, formulated a perfect supervision system, strictly supervised administrative law enforcement, and investigated the illegal acts of law enforcement subjects. Legalists advocate making it clear that attending officials do not govern the people (in practice, it means that officials are more important than governing the people), and call for the reform of official style to be incorporated into the rule of law. It is worth noting that the officials here were the low-level officials of the time (senior officials are called officials), with a large number and extensive contact with the public. How its style directly affects the image of the government in the public is also directly related to the interests of the public and the harmony and stability of the society. Therefore, legalists put the focus and political starting point of state governance on official governance. This is very enlightening for us. The team of grassroots officials in China today is large. They represent the government to the masses. Their words and deeds are related to the image of the government and the interests of the masses. Even if the lowest level managers cheat and lie, they have no integrity. Vigorous rent-seeking and private purse will cause great damage to the interests of the company and the country, and even affect social harmony and stability. Therefore, governors should start from the grass roots, which is the foundation of politics and the rule of law.

韩飞说:奉法者强国强，奉法者弱国弱。奉法就是执法，也就是说执法者坚决依法办事，国家就会强大；如果执法者不能依法坚决办事，国家就会衰弱。依法办事是任何行政执法人员的职责。不尽职尽责，要承担相应的法律责任。这种责任行政的概念可以看作是后世责任政府理论的起源。

Humphrey said: the law is a strong country, the law is a weak country. To abide by the law means to enforce the law. That is to say, when law enforcers act in accordance with the law, the country will become strong. If those who enforce the law fail to act firmly according to the law, the state will weaken. It is the duty of any administrative law-enforcement officer to act in accordance with the law. If you do not fulfill your duties, you should bear corresponding legal responsibilities. This concept of responsible administration can be regarded as the origin of responsible government theory.

强化监督Strengthen supervision

商鞅说：国家的混乱不是法律的混乱，也不是法律的混乱。每个国家都有法律，没有法律是必要的。这意味着国家的混乱和不和谐不是因为法律的混乱，也不是因为没有法律，而是因为缺乏使法律必要的方法。这种方法是什么？根据一贯的讨论，可以推断，这种方法包括公平执法、信仰惩罚、加强监督等。特别是在加强监督方面，法家非常重视。例如，韩飞强调，明朝的主治官员不治民，强调循名责任和守法责任的成功，这意味着他们重视监督。事实上，官员管理的关键在于监督。没有监督的权力将被滥用，从而破坏法治。因此，以法家思想为指导思想的秦帝国建立了监督制度，监督所有官员，防止滥用权力、法律和纪律。

Shang Yang said: the chaos of the state is neither the chaos of the law nor the chaos of the law. Every country has laws, no laws are necessary. This means that the disorder and disharmony of the state arises not from the disorder of laws, nor from the absence of laws, but from the lack of means to make laws necessary. What is this approach? Based on consistent discussions, it can be inferred that this approach includes fair enforcement, faith-based punishment, enhanced supervision, etc. Especially in strengthening supervision, the legalists attach great importance to it. Humphrey stresses, for example, that the Ming's chief officials did not rule the people, and that the success of their responsibility to honor and obey the law meant they valued supervision. In fact, the key to official management lies in supervision. Power without oversight will be abused to undermine the rule of law. 

这也类似于把权力放在制度笼子里的理论。习近平总书记表示:要加强对权力运行的限制和监督，把权力放在制度笼子里，形成不敢腐败的惩戒机制、不能腐败的预防机制和不易腐败的保障机制。所有有权势的人都容易滥用权力，这是永恒的规律。法家思想的启示是，一旦权力与人民利益相结合，没有有效的监督和限制，就会给国家和社会带来可怕的后果。因此，加强监督制约，努力把权力放在制度笼子里，成为防止权力任性、遏制权力腐败的必然选择。

Therefore, the Qin Empire, guided by legalism, established a supervision system to supervise all officials and prevent abuse of power, law and discipline.

This is similar to the theory of putting power in an institutional cage. Xi jinping, general Secretary of the Communist Party of China (CPC), said, "We should strengthen restrictions and supervision on the exercise of power, put power in an institutional cage, and form a mechanism to punish people who dare not be corrupt, prevent corruption and ensure corruption is not easy to be corrupt." It is an eternal rule that all powerful people are prone to abuse their power. The enlightenment of legalist thought is that once power is combined with the interests of the people, without effective supervision and restriction, it will bring terrible consequences to the state and society. Therefore, strengthening supervision and restriction, trying to put power in the system cage, has become the inevitable choice to prevent power capricious, curb power corruption.

刑无等级Punishment without a grade

商鞅说:所谓刑事处罚者，没有刑事等级，自清将军甚至普通医生以来，都不遵守王令，犯国禁，乱上制人，罪死不赦。有功于前，有败于后，不亏法。忠臣孝子有数。守法守职的官员有不行王法者，罪死不赦，刑三族。可见，所谓无等级刑，是指刑罚的适用不会因人的等级和地位而异，任何人只要违反国法就会被追究。这体现了罕见的司法平等精神，在中国法制史上具有重大进步意义。

韩飞指出:治强生于法，弱生于阿，君明生于此，正在奖惩而不是仁下。这意味着国家治理的关键是严格依法办事，奖惩公正。执法人员如果依附权贵，就会被削弱，扰乱国家。君主主主要知道这个道理，消除自私，公正执法。韩飞还说:法不阿贵，绳不挠。明主使他的大臣们对法律不感兴趣，对法律不利。都阐明了司法平等、奖惩公正的思想。

Shang Yang said: the so-called criminal punishment, there is no criminal grade, since the Qing generals and even ordinary doctors, have disobeyed the king's order, violated the state prohibition, disorderly upper system, crimes punishable by death. Meritorious in the former, there is defeat in the latter, do not lose. There are many faithful ministers and filial sons. Law-abiding officials have no law-abiding officials, crimes punishable by death, three families. It can be seen that the so-called "non-hierarchical punishment" means that the application of punishment will not vary according to a person's rank and status, and anyone who violates the law of the country will be investigated. This embodies the rare spirit of judicial equality, which is of great significance in the history of Chinese legal system.

Humphrey points out: rule strong born in law, weak born in ah, jun Ming born here, under punishment rather than benevolence. This means that the key to state governance is to act in strict accordance with the law and reward and punish justly. Law enforcement officers will be weakened and destabilize the country if they become attached to powerful people. The Lord knows this principle, eliminating selfishness and administering justice justly. Humphrey also said: The law is noble, the rope does not scratch. The Ming Emperor made his ministers disinterested in the law, to the detriment of the law. Both elaborated the judicial equality, rewards and punishment justice thought.

破私任法Break the private method

商鞅说:君臣释法，任私必乱。因此，立法是明确的，而不是私害法。释法是指放弃公正执法或公正司法的原则。这意味着君主放弃法治原则，自私地影响法律的实施（包括执法、司法等）。)，这将导致社会混乱和不和谐。因此，执法人员或司法人员(当时行政权与司法权不分)必须打破自私，依法办事，才能有司法公正与社会和谐。

韩飞说：官员、平法者、治国者不能失去平衡。官员的职责是平法，即维护法律的公平，因为治国的关键在于公平。只有公平才能保证社会和谐稳定。这里的公平包括司法公平。公平执法的前提是无私。如果私欲干扰执法，司法和法律的公平就会消失。这涉及到执法者和司法者的个人修养。

对于掌握最高立法权和司法权的君主来说，他们应该有最高的修养。在立法和司法过程中，要排除私欲的影响，理解私行是国家混乱的，君臣释放法律，任私必乱。因此，私人法律混乱的原因是，他们不能避开大臣，不遗余力地欣赏善良，不奖励爱人，不惩罚恶人。法家认为，法律代表正义，反对私利。如果执法人员和司法人员以自私的方式执行法律，害正义，其后果将超过不可能。

Shang Yang said: emperor and minister interpretation, any private will be chaos. Therefore, the legislation is clear, not private harm law. Interpretation refers to the abandonment of the principle of impartial administration of justice or justice. This means that the monarch renounces the principle of the rule of law and selively influences the administration of law (including enforcement, administration of justice, etc.). Which will lead to social chaos and disharmony. Therefore, law enforcement personnel or judicial personnel (at that time, the executive power and judicial power are not divided) must break selfish, according to the law, in order to have judicial justice and social harmony.

Officials, law-breakers and those running the country must not lose their balance, Humphrey said. The duty of an official is to enforce the law, that is, to uphold the fairness of the law, because the key to running a country is fairness. Only fairness can ensure social harmony and stability. Fairness here includes judicial fairness. The premise of fair administration of justice is selflessness. If selfish desire interferes with law enforcement, justice and fairness of law will disappear. This involves the personal cultivation of law enforcement and judicial personnel.

For the monarch who holds the highest legislative and judicial power, they should have the highest culture. In the process of legislation and judicature, we should eliminate the influence of private desire and understand that private practice is chaos in the country. The reason for the confusion of private law, therefore, is that they cannot avoid ministers, spare no effort to appreciate goodness, do not reward lovers, and do not punish the wicked. Legalists believed that the law represented justice and opposed self-interest. If law enforcement officials and judicial officers administer the law selfishly at the expense of justice, the consequences will exceed the impossible.

综上所述，作为中国历史上唯一倡导法治的学派，其思想虽然不同于今天全面依法治国的理论，但在目标上有一定的相似性，即社会的和谐稳定。治国手段也有形式的相似性，即通过法治（不同于今天的法治内涵）实现社会和谐和政治稳定。从今天的角度来看，法治至少包括完善立法（法律和时间移动）、严格执法、公平司法、国家守法、法律教育（以法律为教）、法律监督司法、执法团队建设等，这是当时一个相对全面的法治理论体系。许多主张可以为现代法治的建设提供有益的参考。当然，也有很多糟粕。因此，有必要进行现代转型，实现法治与现代法治的有机联系，使古代法治理论焕发现代活力。

To sum up, as the only school of thought advocating rule of law in Chinese history, its thought is different from today's theory of comprehensive rule of law, but there is a certain similarity in the goal, namely social harmony and stability. Statecraft also has a similar form, namely, social harmony and political stability through the rule of law (different from the connotation of the rule of law today). From today's perspective, the rule of law at least includes the improvement of legislation (law and time movement), strict law enforcement, fair administration of justice, national law-abiding, legal education (law as teaching), legal supervision of justice, law enforcement team construction, etc., which was a relatively comprehensive theoretical system of rule of law at that time. Many opinions can provide useful reference for the construction of modern rule of law. Of course, there is a lot of dross. Therefore, it is necessary to carry out modern transformation, realize the organic connection between the rule of law and the modern rule of law, and make the ancient theory of rule of law glow with modern vitality.