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Does Qin Xiaogong, who spared no effort to support Shang Yang, know the benefits of doing so?
It is difficult for a person to succeed without a suitable goal, and it is difficult for a company to succeed without the same goal, especially for a country. It says prepare for war, and the following is farming; It says stick to it and attack below; How can this be unbeaten? Shang Yang's political reform is just the "good medicine" to solve this disease, which is also the reason why later dynasties insisted on making rules with Shang Yang's political reform as the main content, and the state, government, nobles and people all gained certain benefits from it. Shang Yang's political reform transcended some times, and most of the ruling class didn't like its content. It can be carried out in Qin for more than ten years and has achieved immediate results. It is far from enough to rely solely on Shang Yang's foreign talents. Even if the content of the reform is feasible, without the full support of the rulers of Qin, he will be torn apart by the local nobles of Qin at the beginning of the reform.
Who are Shang Yang's supporters? Yes, it is Qin Xiaogong, the 25th monarch of Qin. They are noble people and bosom friends, helping each other to realize their ideal wishes. As a monarch, Qin Xiaogong spared no effort to support Shang Yang when the national interests and his own power came first, precisely because he satisfied these two points: the country was rich and powerful, and the monarch was in power. Why did Qin Xiaogong support Shang Yang so much?
Shang Yang's First Half Life
Originally named Wei Yang, Shang Yang was also called "Gongsun Yang" according to the ritual system of "the son of a vassal is called Gongsun, and the grandson of a vassal is called Gongsun". He was born in the imperial clan of Wei, a descendant of Wang Wei, and an orthodox aristocrat. However, he is just a "evil son" (referring to the son of a concubine), whose status seems noble, but in fact he is humble and nobody cares. At that time, there was civil strife and political corruption, and no one did anything. As long as Shang Yang lived in exile, he was never defeated by such a life. On the contrary, he is constantly improving himself, learning theories such as "the science of crimes", "the words of miscellaneous scholars", "the teachings of Li Kui" and "the art of military strategists". This is how Shang Yang's political talent was honed step by step by himself.
As an adult, Shang Yang saw that Wei had no chance to show his strength and went to Wei, a world power, to seek opportunities for development. With this, he was valued by Premier Wei and accepted as a distinguished guest. He once advised Wang Wei: "Sun Yang, the son of a prostitute, is young and talented. I hope the king will listen to him all over the country. " Wei Huiwang shrugged it off, so he never got its appreciation and promotion. At this time, the situation was the same as that of his youth: it seemed that the prime minister attached importance to the summit just around the corner, but in fact the king despised it and never turned over. Shang Yang should have stayed in Wei for at least a few years, and he was still the little bastard of the prime minister's retinue. As the Book of Changes says, "Poverty leads to change, change leads to communication, and the general rule lasts for a long time." Shang Yang left Wei.
At the same time, the six countries of Shandong Qi, Chu, Yan, Han, Zhao and Wei are all undergoing changes to varying degrees, striding forward in the direction of prosperity. At that time, Qin was regarded as a "land of barbarians" and was not even qualified to join the League of Nations. Shang Yang's expedition to defend the country coincided with Qin Xiaogong's early accession to the throne, trying to rally and carry out reforms to restore the hegemony of Mu Gong. Therefore, he issued the order of seeking virtue: "In the past, I was ignorant of the masses and contradicted myself, so Xiu De practiced martial arts. Dongping Jin rebellion, with the river as the boundary. Xiba Rongzhai is a vast land. The son of heaven sent a message to Bo, and his ministers paid tribute to him. It is very beautiful to start a business for future generations. Those who have gone are rude, impetuous, simple-minded, restless, concerned about the country and the people, and do not worry about foreign affairs. Sanjin captured my predecessor Hexi, and the princes were not as good as Qin, and their appearance was not good. Dedicate the public to the throne, caress the border, govern Liyang, want to cut the east, restore Miao Gong's hometown, and repair Miao Gong's decree. I miss the meaning of my predecessor and often feel heartache. There are guests who can surprise Qin, and I respect the officials and share the land with them. "
Between the lines, the order of seeking virtue reveals a wise bearing. As long as you have the ability to strengthen the state of Qin, no matter what your background, you will be given a high official position and land, which was very generous and heavy treatment at that time. After all, the State of Qin, regarded as the Dijon by the six Shandong countries, has nothing else to take out, and nothing can attract scholars to Qin and Qin. Shang Yang was attracted by Qin Xiaogong's personal charm, and they began to make friends with him for nearly twenty years. There are two conditions for the success of Shang Yang's political reform: subjective conditions and objective conditions. Subjectively, it is naturally Shang Yang's political talent, while objectively, it is Qin Xiaogong's strong support. Qin Xiaogong's support is not groundless, but "with ulterior motives". The main ideas and contents of Shang Yang's political reform deeply touched him and attracted him to spare no effort to support Shang Yang.
Shang Yang's Thought of Political Reform
Shang Yang's political reform reformed Qin's agriculture, military affairs, politics and economy, which contained colorful political reform thoughts. The main ideas of Shang Yang's political reform include the supremacy of monarchical power, the rule of law and penalty strategy. The supremacy of monarchical power is the core idea of Shang Yang's political reform, and Qin's two political reforms were all carried out around this idea, both serving the autocratic monarchy. There is a premise before the monarch is supreme, that is, ruling the country according to law, and the criminal law strategy is based on the concrete performance of the country ruled by law in actual operation. For example, the supremacy of monarchy is the heart, the rule of law is the protective film of the heart, and the penalty strategy is the muscle tissue that constitutes the protective film.
Monarchical supremacy
The supremacy of monarchical power in Shang Yang's political reform thought is reflected in many works of Shang Yang. The monarch is placed outside the legal norms, and the legislative power, supervision power and law enforcement power are completely in the hands of the monarch, that is, the power is one, and no power is greater than others. Shang Yang is doing something that no monarch wants to do, but it is not easy to do. How to ensure the supremacy of the monarchy? Shang Yang started from three aspects.
Highlight the importance of sovereign power.
Shang Yang, who is deeply rooted in legalism, believes that power is the center of gravity of all political forces, and the monarch should be the core of power. The monarch must emphasize power in governing the country. "If the power system is broken by the monarch, it will be strong." "If you don't give up on governing the country, you will succeed." How to stand out? "If people believe in their returns, they will succeed; If you believe in his punishment, you will be raped. " If the monarch makes good use of the right of reward and punishment, he can show his weight and majesty, so that the country will not be chaotic and the authority of the monarch will naturally be guaranteed.
Ensure the noble status of the monarch
Shang said, "When you respect the monarch, you will be ordered to do it. Officials, this is often the case. When the legal system is clear, people will be afraid of punishment. The legal system is unclear, and it is impossible to ask the people to obey orders. The people do not obey orders, but seek the respect of the monarch. Although you know it, you can't cure it. " Only when the aristocratic status of the monarch is maintained can the law be implemented smoothly; The smooth implementation of the law can reflect the supremacy of the monarchy and make the country better governed. "The rule of the country is vast, the soldiers are powerful and the Lord respects them. This rule is the best. " The dignity of a country's monarch is only a sign of its prosperity.
People obey the law.
The law clearly stipulates the supreme power of the monarch, and people obey the law, which does not mean that people agree with the supreme power of the monarch. "Every method of warfare must be based on political victory, and its people will not fight. If you don't fight, you will be selfless. " The monarch directs the war, the people obey the national laws and regulations, and it is not difficult to win the war with the will of the monarch as the core. After the victory of the war, the authority of the monarch was naturally enhanced, and the view that the monarch is supreme was naturally deeply rooted in the hearts of the people.
To sum up, it is "respect for the monarch", "respect for officials" and "obedience to the people". Respecting the people is the premise of respecting the monarch, which in turn promotes the realization of respecting the people, and the most important thing is to respect the monarch and the people. Together, these three make the monarchy supreme and form an indestructible iron triangle.
rule of law
Now China often says that governing the country according to law is different from governing the country according to law. First of all, the concept is different. The former formulates the country according to laws that reflect the people's will and the law of social development. The latter is simply to govern the country according to law and regard the law as an indisputable truth. Secondly, the historical background is different. The former is a society with China characteristics under modern civilization; The latter is a feudal civilized society. Confucianism "rules the country by virtue" and Legalists "rules the country by law". The book "Shang Jun Ding Fen" records: "The decree maker, the people's life, is also the foundation of governance, so it is prepared for the people." It not only requires the monarch, officials and people to abide by the law, but also shows that the law is formulated by the supreme monarch.
The main content of governing the country according to law
The rule of law was not first put forward by Shang Yang, but first appeared in the book Guanzi: "If you don't quit two mistakes, you won't have two policies. With the rule of law, it is just an initiative. " Shang Yang used the rule of law to make Qin rich and strong. Its main contents are:
First of all, law precedes credit and authority. To govern a country, there must be three elements: law, credit and authority. Among them, the law is jointly observed by the monarch and his subjects, the credit is jointly established by the monarch and his subjects, the authority is mastered by the monarch alone, and the law is the basis of credit and authority.
Second, the main content of law is agriculture and war, and the premise of its realization is to establish "the law that enables the law to be implemented". Shang Yang's political reform made Qin embark on the road of farming and fighting to become a powerful country. The people of the whole country are either farming or participating in the war, and nothing else is allowed. In order for them to do this, they must use the means of making laws to implement the norms.
Third, the monarch mainly governs the country according to law, and governing the country mainly depends on "law". Take an inappropriate analogy: the monarch is an individual, the law is the whip of the monarch driving a carriage, the country is a carriage, and the subjects are people sitting in the carriage. The monarch can guide the country and people to move towards the ideal place by using the law well. If the law is abandoned, it is impossible for the monarch to govern the country well. Thousands of subjects will do whatever they want, and it is natural for the country to fall into chaos and weakness. Therefore, "Ming Wang governs the world, ruling the country by law and rewarding it by virtue", and the monarch should also abide by the law, which can make his subjects more convinced and law-abiding.
Taking the rule of law as the goal orientation
Contrary to the legal system in the Spring and Autumn Period, the rule of law is Shang Yang's. He believes that the rule of virtue has three major defects: first, the rule of virtue is not conducive to punishing evil, but also makes people take advantage of loopholes, and bad social atmosphere will breed. Second, "righteousness teaches the people, chaos is chaos, and chaos hurts the people." Morality teaches people to be cruel in the end. Of course, this is his unique and special moral concept. He believes that punishment can reassure people, stabilize society and realize the highest morality of society. Third, advocating and applying morality inhibits the growth of national strength, which will make the country poorer and poorer, and will also make the country lose one after another in the war. "Shang Jun Shu Nong Zhan" says: "There are ten state-owned schools of poetry, calligraphy, ceremony, music, kindness, cultivation, benevolence, sincerity, argument and wisdom, and there is no defense. When ten people rule the country, the enemy will cut, not be poor. " These are all the harms of the country (in the present words, Shang Yang's three views are extremely incorrect).
Punishment strategy
The main idea of penalty strategy is two aspects: one is that there is no hierarchy of punishment, and the other is that punishment is divided by punishment.
There is no hierarchy in punishment.
There is no hierarchy of punishment, which means that punishment is applicable, and nobles, civilians and slaves are all in the same legal norm. Yes, but in a hierarchical feudal society, different classes have different levels of responsibilities and rights, so it is impossible for nobles, civilians and slaves to be punished with the same crime. "The Emperor breaks the law and Shu Ren is guilty" is just a good joke. Different grades have different sentencing standards. The higher the grade, the greater the privilege. Slave society has a saying that "courtesy is not inferior to that of Shu Ren, and punishment is not superior to that of doctors", even in Qin State and Qin Dynasty, which gradually entered the feudal society.
Shang Yang's ideal of punishment without dignity is: "Punishment without dignity, from Qing Xiang and generals to doctors and Shu Ren, anyone who disobeys your orders and violates the state ban is unforgivable. Not for the former, but for the latter's defeat. Fortunately, in the front, it is too late to lose. Loyal ministers and dutiful sons have had them, and they will be broken by them. Officials who abide by the law and discipline, and officials who do not abide by the law, are all capital crimes and are punished by three families. People who are also officials, who know and believe, are innocent and have no dignity, and attack their official Tian Lu. " Generally speaking, no member of society can stay out of the law, cannot be above the law, and must abide by the law. But this was impossible at that time, and Shang Yang, who made the law, couldn't do it either: "The prince broke the law. Shang Yang said,' If the law doesn't work, you should commit it from above.' Prince Jiang Fa. The prince, your heir, cannot be punished. Punish the piety of his son, Fu Gongzi, and insult his teacher Gong. "The prince broke the law and nothing happened, and the teacher suffered. Is there no hierarchy in this punishment?
Restrict punishment by the severity of punishment, so that the people are afraid and dare not receive the effect of crime illegally.
Eliminating punishment by punishment refers to the specific means and purpose of punishment, that is, Shang Yang advocates eliminating punishment by punishment and ruling the country by severe punishment. The Book of Shang Jun Jinling: "If the penalty is added, it will be heavier than the lighter, and the lighter-the lighter will not come, and the heavier will not come. This means that punishment will be punished and punishment will be completed; If the crime is serious and the punishment is light, the punishment will cause trouble. This means that those who should be punished will be punished, and those who should be cut will cut their country. " The first word "punishment by punishment" refers to severe punishment and severe law, and the second word "punishment" refers to all punishments. Shang Yang ideally believes that only by taking severe punishment measures can the punishment be lifted in the future and the country move towards prosperity and governance quickly. The main means is to punish more and reward less, and the other is to impose heavy penalties on minor crimes. For example, law-abiding officials do not obey the law, and they are punished by three families; People trapped in the team can't die if they cringe. Thousands of people were surrounded by rules and regulations and were dumbfounded at the gate; Don't accuse traitors; Shang Jun's law abandoned all punishment to Tao. If the husband abandons the ashes, he will be punished and severely punished (littering will be punished by tattooing on his face).
Generally speaking, Shang Yang's thought has some merits, but it also has great shortcomings. For example, I don't treat people as people, I treat people as tools, and I want to completely control people's thoughts and will. These practices are very effective in a short time, and Qin is indeed rich and strong, but in the long run, Qin will inevitably perish. The political reform of Qin has only been going on for more than ten years. If Shang Yang remains alive and continues to reform, it is very likely that the State of Qin will collapse and the people will carry out particularly fierce resistance. As early as Shang Yang's political reform, the nobles and the people had already resisted. Most of the practices of Shang Yang's political reform made Qin strong in a short time, but if they were implemented for a long time, they would inevitably go to the abyss of extinction.
Back to the topic, in fact, the monarch and the country are the biggest beneficiaries. These thoughts of political reform did not harm the monarch and the country at all, but constantly enhanced the authority and national strength of the monarch. Qin Xiaogong has no reason not to support Shang Yang. Anyway, it is the people, officials and nobles who suffer. The core idea of Shang Yang's political reform is to make everything in Qin serve the will of the monarch, and the whole country is moving in the direction indicated by the monarch. So, what did Qin Xiaogong do that was not good for the country and the monarch, but not good for the people?
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