1. Guanzi was a famous politician, military strategist and economist in ancient my country. During the Spring and Autumn Period and the Warring States Period, China was in a critical period of social and national transformation, and thinkers from all over the world were engaged in fierce ideological debates. Confucianism, Legalism, Taoism, Mohism and other schools have different opinions on the choice and application of state governance strategies. The core of this is the dispute between "rule by virtue" and "rule by law" among Legalists, who were the first to put forward the idea of ??"rule by law" The most famous thinker was Guan Zhong, who was the Prime Minister of Qi State at that time. Guan Zhong implemented a series of social reform measures and put forward an unprecedented theory of governance, that is, the idea of ??ruling the country by law. As one of the important representatives of Legalism, Guanzi's thoughts were rich and influential. "Guanzi" advocates governing the country by law and impartiality in law enforcement. At the same time, it also attaches great importance to the educational function of "morality" on the people and fully recognizes the important position of the people in the country's social life. The rule of virtue and the rule of law complement each other and promote each other, and together constitute the ideological strategy of governing the country and the people in "Guanzi".

1. "The law is the program of the world and the instrument of everything." ("Guanzi Mingfa Jie")

Interpretation: The law is the yardstick for governing the country and the society. If there is no law, the country will be in chaos, and people's behavior will not be restricted by rules. The reason why the law is so important is that the law itself is fair and just.

2. Those who give birth to the law are the king; those who abide by the law are the ministers; those who follow the law are the people. When both the emperor and his ministers, high and low, obey the law, this is called great governance. "Guanzi Renfa"

Interpretation: This is a huge challenge to the Zhou Dynasty's system of "punishment is not for officials" and "punishment is graded". When applying the law, monarchs and officials are required to "not know the closeness, distance, nobility, good and evil, and judge by measure." Because the law is fair, the fundamental meaning of the law is to represent the overall interests of the country and is the highest standard for unifying the world. . Guan Zhong called law "public law" and believed that law has the highest authority and has universally applicable value functions. No member of society can be placed outside the law or above the law. Even if the law comes from the king, but the law is higher than the will, the king should take the lead in obeying the law. The king should not change the law at will, but should also have the obligation to abide by the law, and require officials and people to abide by the law.

3. The law dictates the rules and regulations of the officials and the people. "Guanzi? Legal Ban"

Explanation: The monarch, ministers and the common people should also abide by the law.

4. “I don’t know the distance, the distance, the nobility, the good and the evil, and I can judge it by measurement.” "Guan Zi Ren Fa"

Interpretation: The law is the standard for measuring all things. There is no distinction between high and low before the law.

5. "There is no better way to govern a country than the law, and to prohibit prostitution and violence, there is no better way than punishment. There are no two ways to control the power, and there are no two branches of government, and the country must be governed by law." "Guanzi? Explanation of the Law"

Interpretation: As a pioneer of Legalism, Guan Zhong is famous for advocating and valuing the law. He opposed the Western Zhou Dynasty's use of "rule by etiquette" as the highest criterion of political life. He advocated that the country should be governed based on the law, and the country should be governed by the law, and the country should be neglected by the law. chaos.

6. The reason why the ruler orders and prohibits is to do what the people like and prohibit what the people do not like. The sentiments of the people are that they all desire life and hate death, and they all desire benefit and hate harm. Therefore, if an order is given to benefit others, the order will be carried out; if it is forbidden to kill others, it will be prohibited. The reason why the order is carried out is that the people will be happy with their government." "Guanzi" .Explanation of the Situation"

Interpretation: To establish punishments and laws to govern the people, they must first conform to the people's sentiments and please the people before they can "make orders and prohibitions". It can be said that the key to "governing the people" has been grasped psychologically. .

7. All legal affairs must not be carried out improperly." "Guanzi. Explanation of the Law"

Explanation: In the process of national management, law is a very specific tool. . How to use the law correctly is directly related to the stability of society and the security of the country. Enforcement must be strict and fair.

8. The law is the one who settles the points and ends the disputes.

Interpretation: Quoted from "Guanzi? Seven Ministers and Seven Masters" "The reason why the law is accomplished is to fear violence; the reason why the lawyer is determined is to stop disputes; the reason why the order is to make people aware of things. The reason for determining: to determine Title. Stop disputes. This word is often used in law to indicate the ownership of things.

2. Mencius (about 372 BC - 289 BC), a great thinker during the Warring States Period and the main representative of Confucianism. One of them, named Ke, was born in Zhou (now Zoucheng, Shandong). He was born in about the fourth year of King Zhou Lie and died in the twenty-sixth year of King Nan of Zhou. In the era when Mencius lived, hundreds of schools of thought were contending, and "the words of Yang Zhu and Mo Zhai filled the world." ". Mencius fiercely criticized it from the standpoint of Confucianism.

Mencius inherited and developed Confucius' thoughts and put forward a complete ideological system, which had a great influence on later generations and was revered as the "lesser sage" second only to Confucius.

Mencius inherited and developed Confucius’ thoughts on moral governance and developed it into the theory of benevolent government, which became the core of his political thought. He applied the principles of "kinship" and "longevity" to politics to ease class conflicts and safeguard the long-term interests of the feudal ruling class.

Mencius closely integrated ethics and politics and emphasized that moral cultivation is the foundation for doing good politics. He said: "The foundation of the world lies in the state, the foundation of the country is at home, and the foundation of the family is in the body." Later, "Xiu Qi Zhiping" proposed in "The Great Learning" was developed based on Mencius's thinking.

The highest category of Mencius’ philosophical thought is heaven. Mencius inherited Confucius's idea of ??destiny, eliminated the remaining meaning of personal God, and imagined heaven as a spiritual entity with moral attributes. He said: "Sincerity is the way of heaven." Mencius defined the moral concept of sincerity as the essential attribute of heaven, and believed that heaven is the origin of the inherent moral concepts of human nature. Mencius's ideological system, including his political and ethical thoughts, is based on the category of heaven.

1. Law alone is not enough for oneself, and kindness alone is not enough for government. "Left Upstairs"!

Interpretation: Good virtue alone is not enough to handle the country's government affairs, and laws alone cannot make them effective on their own. It means that governing the country must combine good governance with the execution of laws.

2. Those who have permanent property have perseverance, and those who do not have perseverance have no perseverance. If you don't have perseverance, you will do everything you can to ward off evil spirits.

Interpretation: Only those who have a certain industrial income have certain moral concepts and codes of conduct. People who do not have a certain industrial income will not have certain moral concepts and codes of conduct. If you don’t have certain moral concepts and codes of conduct, you will act recklessly, break laws and disciplines, and do anything.

3. Han Feizi was the founder of Legalism and advocated the principle of equality for all in governing the country according to law. Later, Legalism developed into a hegemonic thought, and together with the kingly thought evolved from Confucianism and Confucius and Mencius, they were both used in social governance. Han Feizi lived in the 3rd century BC and was a member of the Korean royal family in the late Warring States Period. He stuttered and was not good at speaking but was good at writing books.

Han Feizi lived in an era when South Korea's national power was weakening day by day. Out of patriotism, he repeatedly wrote to the King of South Korea, suggesting reforms and advocating that the rulers should make enriching the country and strengthening the army an important task; but the King did not adopt it. Therefore, based on the experience and lessons of governing the country in history and the current social conditions, he wrote more than 100,000 words of political treatises such as "Five Mosquitoes", "Lonely Anger", "Shuo Shuo Lin", "Shuo Nan", etc. , compiled into the book "Han Feizi". These papers of his were not taken seriously in Korea, but they spread to Qin, a powerful country at that time, and were very popular with Qin Shihuang. Qin Shihuang raised his troops to attack South Korea, and the Korean king sent Han Fei to Qin to seek peace. Qin Shihuang kept him and prepared to reuse him. Li Si, who was the prime minister of Qin at the time, was Han Feizi's classmate. He knew that Han Feizi was more talented than him, so out of jealousy, he approached Qin Shihuang. He was framed by slander. Qin Shihuang believed the slander and threw Han Feizi into prison and poisoned him.

Han Feizi's main work "Han Feizi" is a masterpiece of Pre-Qin Legalist theory. There are fifty-five chapters in this book, about more than 100,000 words, most of which are Han Fei's own works. At that time, in the Chinese ideological circles, represented by Confucianism and Mohism, they advocated "the law before the king" and "restoration". Han Feizi's legalism firmly opposed restoration and advocated adapting measures to the times. Han Feizi attacked the Confucian theory that advocated "benevolence", advocated the rule of law, and proposed four policies of heavy rewards, heavy punishments, heavy agriculture, and heavy wars. Han Feizi advocated the divine right of kings. Since the Qin Dynasty, Han Feizi's teachings have been quite influential in the establishment of feudal absolutist totalitarian rule in China.

1. Words are equally valuable, and laws are not appropriate.

Interpretation: Except for the orders of the monarch, there is no second noble speech, and the laws of the country cannot cater to both public and private parties at the same time.

2: There is no better way to govern a people than the law; to strengthen officials and prestige the people, to put an end to sexual immorality, and to stop fraud and hypocrisy, there is nothing better than punishment. If the punishment is severe, you will not dare to exchange the humble for the noble; if the law is judged, the superior will not infringe

Interpretation: There is no better way to unify people's behavioral norms than the law; to rectify officials, deter the people, and eliminate debauchery There is no better way to punish laziness and prohibit fraud and hypocrisy than to punish them. If the punishment is severe, the lowly people will not dare to violate the noble people; if the law is strict, the monarch will be respected and will not be violated.

3. "If you don't repair the ancients, you can always break the law." "If the world changes, things will change." "If things change, prepare for changes." "Han Feizi·Five Beetles"

Interpretation: It must be based on Today’s realities are used to formulate policies.

4. "The law is not noble", "the ministers will not be spared from punishment, and the good deeds will not be spared." "Han Feizi·Youdu"

Interpretation: After the "law" is formulated, the It must be strictly enforced and no one shall be exempted.

5. Huang Di once said: Up and down can fight a hundred battles in a day

Interpretation: Without the constraints of systems, rules, and the rule of law, and without the people’s sovereignty and governance power, up and down can fight a hundred battles in a day. The play will be performed endlessly

6. Therefore, when the Ming Dynasty governs the country, the people will be encouraged to perform meritorious deeds if they are rewarded clearly (interpretation: to reward clearly); if they are punished severely, the people will be rewarded. Pro-law (interpretation: attaching importance to punishment) Han Feizi advocated the implementation of harsh punishments.

7. Therefore, governing the people is impermanent, and only law is the rule. If the law changes with the times, governance will be achieved, and if governance adapts to the times, it will be effective

Interpretation: There are no eternal rules for governing subjects, only the use of laws. If laws change with the times, society will be stable, and governance measures will be effective if they adapt to social realities. (Legalists look forward and advocate reform)

8. Acting righteously will lead to authority, and listening kindly will destroy the law.

Interpretation: To commend personal conduct, it will be divided If you listen to the teachings of benevolence and righteousness, you will destroy the legal system

9. Under the way of the master, ministers must not be honored by doing righteousness, and they must not take advantage of family interests. The birth of fame must come from Official law.

Interpretation: The way a wise monarch governs the country is that subjects must not obtain fame for personal gain, and fame must be obtained in accordance with the laws of the country.

10. Strict laws are used to prohibit external affairs; severe punishments are used to order punishments

Interpretation: Strict laws are used to prohibit faults and eliminate selfishness, and severe punishments are Used to execute orders and punish ministers

11. If the law is not noble, the rope will not bend

Interpretation: The law will not please the noble ministers, just like the ink rope will not avoid twists. The bends in the wood are the same.

4. Shang Yang, another representative of Legalism: Shang Yang was a politician and thinker during the Warring States Period and a famous representative of Legalism. "Shao Hao Xing Ming Xue" specializes in ruling the country by law and is greatly influenced by Li Kui, Wu Qi and others.

1. Famous saying: When a rabbit runs away, a hundred people chase it. Accumulate rabbits in the market and ignore the past. If you don’t want the rabbit, you can’t fight over it

Explanation: When a rabbit runs away, many people chase it, but they don’t even look at the many rabbits in the market. This does not mean that you don’t want the rabbit, but that the ownership has been determined and can no longer be fought for. Otherwise, it will violate the law and will be punished.

2. To prohibit adultery and stop transgressions, there is no better way than to impose severe punishments. Severe punishments will definitely lead to success, so the people will not dare to try. There is no punishment for the people in the country, and there is no punishment for the people in the country. Therefore, it is said that punishments are clear and do not kill. If the punishment is heavy on the light ones, the light ones will not survive, and the severe ones will have nothing to do. This is called governance. It is said to cure the chaos

——"Shang Jun Shu·Rewarding Punishment Chapter"

Others:

1. 'Punishment cannot be abolished in the prosperous age; It is also not respected in the prosperous times. Ji Yun's "Sikuquanshu·Political and Legal Categories·Notes on Laws and Regulations" of the Qing Dynasty

2. With such a superior scholar, the sky net will be vast, and there will be no omissions! Eastern Han Dynasty. Yu Yan

3. Punish the offenders before they happen, and prevent them from happening before they happen. Sun Wuji's "Tang Lv Shu Yi"

4. Before the etiquette and prohibition are implemented, after the law is implemented—— Sima Qian's "Historical Records: Tai Shigong's Preface"

5. The law can punish people but cannot make them honest; it can kill people but cannot make people benevolent... Those who value good officials should value them for their absolute evil. To prevent them from doing wrong, it is not necessary to imprison them or kill them - Western Han Dynasty. Huan Kuan's "Salt and Iron Theory"

6. A country must not be lawless. If there is a law but it is not good, it is the same as being lawless - Shen Jiaben

For 5,000 years, China's legal culture has been extensive and profound, with famous representatives and historical events throughout the dynasties. There are also hundreds of schools of thought contending in legal thought. Law and politics are inseparable. Many thinkers are also masters of the law and politicians. There are many legal thoughts in ancient China, such as Mohism's universal love and non-aggression; Confucianism's morality as the master and punishment as the auxiliary, etc., which still have a profound impact on Chinese political thought. The changes in Chinese legal thought are the natural continuation of the thousands of years of spiritual civilization of the Chinese nation. The understanding of ancient Chinese legal maxims must be rough and refined. Some contents are no longer compatible with the modern concept of the rule of law and require dialectical analysis.

The above content I have provided is only a drop in the ocean. It is recommended that laoyang707 read books on the history of Chinese legal system and the history of Chinese legal thought. There is a lot of knowledge in this area. Generally, these two courses are included in undergraduate law courses.

The above content is for reference only.