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刑赏思想在韩非以法、术、势为手段的治国方略中占有重要地位,法、术、势三者皆以刑赏为内容和手段。韩非刑赏思想中有关刑赏的依据、刑赏权的归属、刑赏的对象、刑赏的原则等内容,为刑赏在其治国方略中的重要地位提供了充分的例证。韩非刑赏思想中的合理成分,对正处于经济与社会体制转型时期的我国法治实践具有积极的借鉴意义。
The concept of criminal reward in Han Fei occupies an important position in the strategy of running a country by means of law, technique and power. Both the law, the technique and the tendency are based on the criminal reward as the content and means. The basis of the criminal reward in HAN Fei ’s criminal reward theory, the attribution of criminal reward, the target of criminal reward and the principle of criminal reward provide sufficient examples for the important status of criminal reward in his strategy of running the country. The reasonable composition in the theory of the criminal reward in Han Fei has a positive reference to the practice of our country’s rule of law in the period of economic and social transition.