• 중국학논총
• /
• no.72
• /
• pp.161-177
• /
• 2021

鄧小平1978年12月在中央工作會議閉幕會上的講話中提出民主和法制問題以后, 中國共産党着力加强法制建設。最近習近平上台以后, 看來中共正試圖進一步收緊法律。中國傳統思想包括諸子百家長期存在, 對社會的各个領域都産生了影響。我認爲中國人對現代法制的認知基础是受一定的法家思想影響的。本文探討了新中國成立以來中共的加强法制的過程及与法家思想關連性。主要探討了毛澤東时代最高領袖的權力和法家思想中的統治術, 改革開放以來社會秩序的建立和法家思想尋求的大一統, '新时代中國特色'和法家思想的与时俱進的歷史觀。

• Journal of Korean Philosophical Society
• /
• v.147
• /
• pp.333-356
• /
• 2018

Shang Yang was a person who, as a representative of the former School of Law, not only had an effect of thought on Han Fei Tzu, but also put a cornerstone of Qin Shi Huang's great universal unification by placing small and weak Qin Dynasty in a border area in the rank of a newly rising powerful nation. He is especially regarded as a person who valued laws and established the theoretical framework of legalist thought of School of Law systematically. To begin with, this writing examines the contents of the enforcement of legal reforms relevant to the prerequisite of Shang Yang's legal thought in historical archives, and confirms that Shang Yang succeeded in accomplishing legal reforms twice and that the aim of the legal reforms was to realize national prosperity and military power for the universal unification. This writing also takes notice of the fact that Shang Yang's legal thought went through specific steps for unifying the legal authority and the power of the monarch. Especially this writing focuses on applying the three-step theory of norms that was presented in the western social and political norm theory to Shang Yang's legal thought and on examining the characteristic and meaning explicitly. In short, the social and political norms go through emergence, cascade, and internalization. This writing aims to confirm that Shang Yang's legal thought also went through these three steps and was specified. Specifying this critical mind, this writing is a result which discusses that Shang Yang's legal thought went though the steps of the selective prescriptivism of emergence, the monarchical absolutism through sever punishment, and the internal monarchism for national prosperity and military power, and that the thought was systemized. Finding that the contents of Shang Yang's legal thought correspond to the three-step theory of norms and produce the individual meaning is the independent characteristic of this writing. It is the aim of this writing that the system and meaning of Shang Yang's legal thought will be confirmed more explicitly through this contextual examination.