韓非“法治”思想及其對當(dāng)代社會(huì)管理的啟示

1、 編 號： 碩士學(xué)位論文 碩士學(xué)位論文 題 目：韓非“法治”思想及其對當(dāng)代社會(huì)管理的啟示 培 養(yǎng) 單 位：馬克思主義學(xué)院 專 業(yè) 名 稱：中國哲學(xué) 指 導(dǎo) 教 師：王 漠 研 究 生：王貴海 完 成 時(shí) 間：2013 年 3 月 沈陽師范大學(xué)研究生處制 類 別 全日制研究生 √ 教育碩士 同等學(xué)力 Han Fei’s “rule of law“ Ideology and Its Inspira

2、tion on Social Management Abstract Han Fei is the master of legalist ideology, and also the master of the pre-Qin ideology. Despite the later generations gave his ideology more derogation and less appraise, however, his

3、ideology can be spread up to now relatively completely shows its existence value and positive significance as the classical political wisdom. Especially his “rule of law“ ideology has a strong guidance and reference for

4、 the modern rule of law and social management. This thesis introduces the research status of Han Fei’s ideology first, analyzes the origin of Han Fei’s “rule of law“ ideology, takes early Legalism as the root of Han Fei’

5、s “rule of law“ ideology, takes Confucianism, Taoism and Mohism as the tendril of Han Fei’s “rule of law“ ideology, and takes historical theory of evolution and human nature of chasing profit as the soul of Han Fei’s “r

6、ule of law“ ideology. Then, this thesis analyzes the core content of Han Fei’s “rule of law“ ideology, which is “l(fā)aw“, “strategy“ and “power“. The law of Han Fei’s ideology includes four aspects: law legislation, law cla

7、rification, law implement and law abidance. The strategy of Han Fei’s ideology includes inaction strategy, mystic strategy, listening strategy, employing strategy, controlling strategy, and so on. The power of Han Fei’s

8、ideology includes two aspects: natural power and anthropic power. This thesis also analyzes the relationship among the “l(fā)aw“, “strategy“ and “power“, and takes these three as an indivisible organic whole. Power is the p

9、remise and basis of law, law is only implemented by strategy, and power is the premise and backup force of strategy. It is necessary to use strategy to protect power, and then forms a “rule of law“ triangle system, which

10、 is centered by law. From both positive and negative directions, this paper evaluates Han Fei's “rule of law“ ideology at four aspects: autocracy, radicalization, progress and reference. Finally, this thesis elaborat

11、es the concept of social management innovation, and makes a brief analysis on the reference of Han Fei’s “rule of law“ ideology in social management innovation. Focusing on three aspects, this thesis also elaborates the

12、revelation of Han Fei’s “rule of law“ ideology in social management innovation: Firstly, Han Fei’s profound analysis on the field of management “fierce dog makes acid wine“ still has a strong theoretical explanatory powe

13、r on the negative social effects such as the “hidden rules“ in today's society. Secondly, during the process of implementation of the “rule of law“, Han Fei’s anxiety for difficult to implement it and his analysis

14、on its reasons has an important reference value on the management of today's society in technical aspect. Thirdly, Han Fei’s “transforming people’s inherent thought“ ideology has a role of enlightenment on contempora