#法学#法家

西汉天才政治家贾谊的经典断语仁义不施,攻守不同被后人广泛引用,似乎确实得出秦朝死于法家的结论。The classic judgment of jia Yi, a gifted statesman of the Western Han Dynasty, was widely quoted by later generations, which seems to conclude that the Qin dynasty died of legalism.


贾毅的水平是毫无疑问的,但没有人会不可避免地有自己的立场。在秦朝,统治阶级信仰法家,无情地压制儒家思想,愤怒了几代人。随着秦朝的昙花一现,愤怒的儒家思想自然会将原因归咎于严厉的刑法。但事实上,西汉的惩罚并不比秦朝宽松多少。There is no doubt about Jia Yi's quality, but no one will inevitably take a stand. During the Qin Dynasty, the ruling class believed in legalism and ruthlessly suppressed Confucianism, infuriating generations. As the Qin dynasty fell short, angry Confucianism naturally blamed harsh criminal laws. But t in fact, the punishment of the Western Han was not much more lenient than that of the Qin.


秦朝迅速灭亡的主要原因不能归因于某一趋势,而是各种因素的结果,既不可避免又偶然。其中,统治者对法律制度的破坏可以被视为主要原因。

根据法家集大成者韩非子的观点,法家治国制度注重法、术、势三位一体。The main reason for the rapid demise of the Qin Dynasty could not be attributed to any one trend, but was the result of various factors, both inevitable and accidental. Among them, the destruction of the legal system by the ruler can be regarded as the main reason.According to the viewpoint of Han Feizi, the master of legalism, the system of legalism focuses on the trinity of law, skill and power.


所谓法律,就是法律。与儒家倡导的仁政、道德等难以量化和实施的概念事物相比,具体法律条款开放透明,易于理解和实施,也可以避免人为干扰,足以帮助统治者保持集中,稳定秩序,有效维护政权利益;

可以理解为皇帝控制臣子的权谋,即所谓的皇帝之术;

势是权力,势是胜者的资本,是皇帝控制臣民的资本;只有掌握了权力,臣民和人民才能被自己驱使。The law is the law. Compared with the concept of benevolence and morality advocated by Confucianism, which are difficult to quantify and implement, the specific legal provisions are open and transparent, easy to understand and implement, and can also avoid human interference, which is enough to help the rulers maintain centralization, stabilize order and effectively safeguard the interests of the regime.It can be understood as the emperor's power scheme to control his subjects, which is called the emperor's art;Power is power, power is the capital of the winner, the capital of the emperor to control his

subjects; Only with power can subjects and people be driven by themselves.


因此,直率地说,法家主张的本质是刺激物质和精神奖励,迫使人们为自己的利益和荣誉而不知疲倦地为封建政权工作。以军队为例,秦国之所以能够建立一个恐惧六国的老虎和狼老师,是因为严格的军事头衔制度提供了巨大的诱惑。因此,封建军队基本上延续了这一想法。Thus, to put it bluntly, the essence of legalism was to stimulate material and spiritual rewards, forcing people to work tirelessly for the feudal regime for their own interests and honor. Take the army for example. Qin was able to create a tiger and Wolf teacher who feared the six kingdoms because the strict military title system provided great temptation. So the feudal army basically continued this idea.


但要有效实施这一制度,有严格的前提。But to implement this system effectively, there are strict preconditions.


首先,《商君书》提出了著名的民族理论:圣人是国家,一奖一刑一教,即官员和人民的统一奖惩和教育;皇帝只能按照一个标准赞美一个人:对方对国家的贡献,而不是任何皇帝的个人偏好;教育人民只能用一种理论来避免思维混乱和对社会的负面影响。这样,所有的资源都可以集中在一个目标上,形成巨大的动力。First of all, the book of Shang Junshu put forward the famous national theory: the sage is the state, one award, one punishment and one religion, namely the unified reward and punishment and education of officials and people; The emperor could only praise a man according to one standard: his service to the state, not any emperor's personal preference; Educating people can only use one theory to avoid confusion and negative effects on society. In this way, all resources can be focused on one goal, creating a great momentum.


其次,法家认为皇帝不能自己动手,而是要充分发挥臣子的作用。但这一主张的出发点非常黑暗:Secondly, the legalists believed that the emperor should not act by himself, but should give full play to the role of his subjects. But the premise of this claim is very dark:


首先,没有人是完美的。如果皇帝做得更多,犯错误的机会就会增加,这将严重损害他的威严;

第二,如果皇帝做了一切,臣子就会变得平庸。这些人将成为政权的负担和危害。

换句话说,法家的目的是加强王权,但这一过程对皇帝本人有很高的要求:头脑清晰、公私明确、意志坚定、欲望压抑、善于使用奖惩、利益驱使部长努力工作。First of all, no one is perfect. If the emperor did more, the chances of making mistakes would increase, which would seriously impair his majesty;Second, if the emperor did everything, his subjects would become mediocre. These people will be a burden and a danger to the regime.In other words, the aim of the legalists was to strengthen the power of the monarchy, but the process had high demands on the emperor himself: clarity of mind, clarity of public and private affairs, firmness of will, suppression of desire, the use of rewards and punishments, and interest driving ministers to work hard.


秦始皇和秦二世都在一定程度上破坏了法家制度。

Qin Shi Huang and Qin Ii both destroyed legalism to some extent.


秦始皇首次向全国推广法治理念,将古代国家治理模式从贵族分封制推向县制,为后世2000年奠定了基础。但他自己的一些做法实际上违背了法家的主张。Qin Shi Huang first promoted the concept of rule of law to the whole country, and transformed the ancient state governance model from the enfestering aristocratic system to the county system, laying the foundation for the next 2,000 years. But some of his own practices actually run counter to legalism.


正如上面提到的,法家反对皇帝,但秦始皇在位期间的表现完全相反。他勤奋地说:世界上的一切都取决于上面来衡量石头和书籍。它们日夜呈现,但如果没有,它们就不能休息。。一切都由他自己决定。他甚至用重量计算他每天要处理的文件数量。如果他没有完成指标,他就不会在同一天休息。As mentioned above, the legalists were opposed to the emperor, but during the reign of Qin Shi Huang they behaved in the exact opposite way. He said diligently: Everything in the world depends on stones and books to be measured from above. They are present day and night, but if not, they cannot rest. Everything is up to him. He even weights the number of documents he has to process each day. If he doesn't meet his quota, he won't rest on the same day.


这种风格反映了秦始皇对如何管理新统一王朝的紧迫压力和责任感。同时,由于其卓越的才能,也有效地保持了草创统一王朝的短期稳定。

但从长远来看,这也带来了负面影响:权力过于集中在皇帝手中,大臣们的热情和主动性被削弱。如果继任者的素质太差,那将是灾难性的结果。秦二世刚刚证实了这一理论。This style reflects qin Shi Huang's sense of urgency and responsibility for how to manage the newly unified dynasty. At the same time, because of his outstanding talent, he also effectively maintained the short-term stability of the unified dynasty.But in the long run, it had a negative effect: power was too concentrated in the emperor's hands, and the enthusiasm and initiative of ministers was weakened. If the successor is poorly qualified, the result could be disastrous. Emperor Qin ii had just confirmed this theory.


此外,秦末农民起义的导火索源于朝廷无法控制的大兴土木工程和征兵,但法家强烈反对。Moreover, the peasant uprisings at the end of the Qin dynasty were triggered by a massive civil engineering and conscription that the court could not control, but which the legalists strongly opposed.


事实上,与《韩非子·亡征》中列出的几十个国家的灭亡迹象相比,秦朝踩红线的地方并非一两点:In fact, compared with the dozens of states listed in Han Feizi's Death March, the Qin dynasty crossed the red line in not one or two places:

那些只是禁止法律和行动帮助的人可能会死。换句话说,那些鄙视法律、使用计划、放弃内政、依赖外国援助的人可能会死亡。秦二世、赵高和李斯的结合是玩权力的典型例子。为了阻止朝廷内外,他们肆意修改法律法规,加重处罚,甚至制定了指鹿为马的荒谬阴谋,导致腹地关中的每个人都处于危险之中。基础已经移动,秦人不再像以前那样沮丧、勇敢、勇敢、战斗力急剧下降;Those who are only forbidden by law and action may die. In other words, those who despise the law, use programs, abandon domestic affairs and rely on foreign aid may die. The combination of Qin Ii, Zhao Gao and Li Si is a typical example of power play. In order to stop them both inside and outside the court, they arbitrarily amended laws and regulations, increased penalties, and even developed absurd schemes to blame deer for horses, resulting in everyone in the hinterland of Guanzhong being in danger. The foundation had moved, the Qin people were no longer depressed, brave and brave as before, and their combat effectiveness had fallen sharply.


好的宫殿、亭台楼阁、游泳池、公共汽车服装,好的暴露人民,油炸商品和财富,可以死奢侈,过度消耗人民的人力和财力,国家不会持续太久。这不需要解释太多。Good palaces, pavilions, swimming pools, bus clothes, good expose people, fried goods and wealth, can die luxury, excessive consumption of people's manpower and financial resources, the country will not last too long. This doesn't need much explanation.


听爵不需要参考,一个人作为门户,可以死。君主听取了一名高级官员的意见,但没有验证相应意见的真实性,政权可能会灭亡。这就是所谓的部分倾听是黑暗的,同时倾听是明亮的。秦二世和赵高是生动的负面写照。

好恶无决,无定,可死,君主善恶无分,无原则,国家将死。这是关于秦二世和赵高的。Listen to the Lord does not need reference, a person as a portal, can die. The monarch takes the advice of a senior official, but fails to verify it, and the regime may perish. This is what is called partial listening which is dark and listening which is bright. Qin Ii and Zhao Gao are vivid negative portrayal.Love and evil are not determined, not determined, can die, the monarch good and evil without distinction, without principle, the state will die. It's about Emperor Qin Ii and Zhao Gao.


很刚而不和,任诫好胜,不顾国家轻为自信,能死。君主凶猛、不善、任性、自以为是,国家很可能会灭亡。Very just and discord, any commandment to be competitive, regardless of the country light for confidence, can die. The monarch was fierce, inept, willful and self-righteous, and the country was likely to perish.


秦二世与法家思想背道而驰的行为,秦二世君臣做得不多,这里就不一一列举了。有兴趣的朋友可以看《亡征》。The second Emperor of the Qin Dynasty did not do much to run counter to legalist thought, so here is not a list. Interested friends can see the Death march.


的确,法家的思想确实有时代的局限性,比如过分强调利用利益来控制人民,而注重人民的兽性却忽视了温暖;Indeed, legalist thought does have the limitations of The Times, such as overemphasizing the use of interests to control the people, while focusing on the animal nature of the people but ignoring warmth;


倡导侮辱人民、贫民、弱民,为生存尽力,过于残忍无情;

强调杀戮力量,即通过战争,杀死强大的敌人,内部强大的人,不仅可以消除刺,还可以增加人们内心的恐惧,从而聚集在一起。(这一幕似曾相识,今天经常出现在世界上)Advocating insult to the people, the poor, the weak, trying to survive, too cruel and heartless;

Emphasizing the killing power, that is, through war, killing the strong enemy, the strong person inside, can not only remove the sting, but also increase the fear in the heart of people and thus gather together. (It's a familiar scene, repeated around the world today.)


但这些都不是秦朝灭亡的原因。相反,这些主张在后人的2000多年里成为了无数统治者尊敬的皇帝之术。But none of this was the cause of the demise of the Qin Dynasty. On the contrary, these ideas became the art of the emperor revered by countless rulers for more than 2,000 years.


秦朝第二次死亡的原因除了破坏法家制度外,也不容忽视。Besides the destruction of legalism, the cause of the second death in Qin Dynasty should not be ignored.


法家的治国理念有一个很大的特点——见效快,但作风刚刚好。实施之初,必然会引起各阶层的反抗。商鞅在秦国变法时,为了镇压反对者,他曾经在渭水沦为囚犯,赤裸裸地杀害了大量囚犯,使渭水变色。The legalist concept of governing the country has a great feature - quick results, but the style is just right. At the beginning of implementation, it will inevitably cause resistance from all classes. In order to suppress his opponents, Shang Yang became a prisoner in Weishui. He killed a large number of prisoners naked and made Weishui become discolored.


由于当时秦国几乎局限于关中地区,有效控制这一有限地区并不难。通过严格的国家机器镇抚,改革成功实施了十年,结果立竿见影:

十年来,秦国道没有拾遗,山上没有小偷,人民勇于公战,怯于私斗,乡邑大治。秦民说话不方便。Since qin was almost confined to guanzhong at that time, it was not difficult to control this limited area effectively. Through strict state control, the reforms were successfully implemented for ten years, and the results were immediate:In the past ten years, qin State Road no remains, no thieves on the mountain, the people have the courage to fight public, afraid to fight private, township governance. Qin Min could not speak easily.


十年后,人们从变法中尝到了甜头。无数普通人通过农战封爵改变了命运。所以他们忍不住说商鞅变法好,商鞅变法秒。Ten years later, people reaped the benefits of the reform. Countless ordinary people changed their lives by being knighted in agricultural wars. So they could not help saying that Shang Yang's reform was good and second.


因此,当秦始皇统一六国时,对六国的改革也会引起强烈的抵制。然而,在当时的交通技术条件下,实现对广阔领域的有效控制并不难。更重要的是,秦二世的行为远远超出了人们的极限。因此,当陈胜吴光起义爆发时,主要集中在长城和岭南的秦朝无法及时响应,给了起义肆意传播和扩张的机会。Therefore, when Qin Shi Huang unified the six states, there was strong resistance to reform of the six states. However, with the traffic technology of the time, it was not difficult to achieve effective control over vast areas. More importantly, The actions of Emperor Qin ii went far beyond human limits. Therefore, when the Chensheng wuguang uprising broke out, the Qin Dynasty, which was mainly focused on the Great Wall and lingnan, was unable to respond in time, giving the uprising the opportunity to spread and expand freely.


当然,正如贾毅所说:进攻和防守也有所不同。支持秦崛起的原始变化也应该随着《纽约时报》的变化而改变。秦的变化和效果主要是由于真正敌人的存在,这为人们通过农业战争获得著名头衔提供了可能性。随着秦统一中国,以前的敌人已经成为人民,征服新敌人(如匈奴)的必要性并不那么迫切,这使得原来的制度突然失去了重点。Of course, as Jia yi said, the offense and defense are also different. The original changes that supported the rise of Qin should also change with The Times. Qin's changes and effects were mainly due to the presence of real enemies, which provided the possibility for people to gain famous titles through agricultural warfare. As Qin unified China, the former enemies had become the people, and the need to conquer new enemies (such as xiongnu) was not so urgent, which made the original system suddenly lose focus.


在这种情况下,秦朝的统治者应及时调整治国政策,以满足新时代特征的需要。然而,也许这就是为什么他们没有从过去吸取教训。秦朝皇帝不仅没有改变弦乐,而且盲目地延续了僵化的刑法,甚至基于对原制度的迷信走向了极端。最后,人民不堪重负,六国贵族趁机复辟。

In this case, the rulers of qin Dynasty should adjust the state policy in time to meet the needs of the new era. However, perhaps that is why they have not learned from the past. Qin emperors not only did not change the string music, but also blindly continued the rigid criminal law, and even went to extremes based on the superstition of the original system. In the end, the people were overwhelmed, and the nobles were restored.


也许这就是不实事求是、与时俱进的代价。

因此,秦朝的昙花一现可能在没有教训的情况下失败,不得不吞下创新的后果。然而,他们的悲剧为汉朝提供了一个生动的负面例子。无论是县平行制度,还是外王朝治理模式,无论是县平行制度,还是外部柔软,内部严格的治理常规。从这个角度来看,秦朝并不是一个失败者。

Maybe that's the price of not being realistic and moving with The Times.

As a result, qin's flash in the pan could fail without lessons and have to swallow the consequences of innovation. However, their tragedy provides a vivid negative example for the Han Dynasty. No matter it is county parallel system, or external dynastic governance mode, no matter it is county parallel system, or external soft, strict internal governance convention. From this point of view, qin was not a loser.

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文章标题:法家造就了秦国,却毁灭了秦朝?秦亡的主要原因是破坏法家制度。发布于2024-04-27 14:02:12

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