秦始皇是重视法的，也制订了不少成文法。但是有法不一定就是实行“法治”。第一，秦始皇有法不依，等于无法；第二，在先秦时，法治是以法家学说为指导的，秦始皇的所作所为与法家学说颇多不合，他通过烧书打击诸子之学的同时，法家学说也受到了严重打击，第三，实行法治的最理想的人选应是法家，但在秦的朝廷中，秦始皇并未任用这些人，他们在秦的命运不佳，像韩非入秦即被关入监狱，最后被药死，遭遇更为悲惨，第四，秦始皇是从“百家争鸣”的时代生活过来的，治政不主一家，而是几家并用，是个实用主义者；第五，封建社会里的法是治民的工具，不能治统治者自己，这既缺乏公正性，也失去了法的普遍意义和作用。再说，中国人民受儒家思想教化很深，自称“礼义之邦”，讲究伦理、道德、良知、人情等，而这些往往是法所干预不了的。这就决定了：在君主专制的封建社会根本不具备法治的条件，不可能实行法治，秦代亦是如此。 Qin Shi Huang Emphasis on law, but also formulated a lot of statutory law. However, the law does not necessarily mean the “rule of law.” First, when the First Emperor of Qin Dynasty did not abide by the law, it was impossible to do so. Second, in the early Qin dynasty, the rule of law was guided by the legalist theory. The First Emperor did many different things from the legalist theory. At the same time, the legal doctrine has also been severely dealt a blow. Third, the ideal candidate for implementing the rule of law should be the legalist. However, in the court of Qin, the First Emperor did not appoint these people. Han Fei into Qin was sentenced to prison, and finally died of dying, experience more tragic, fourth, Qin Shi Huang from “a hundred schools of thought” era came to life, not a single government governance, but a few and used, is a pragmatist Fifth, the law in the feudal society is a tool for governing the people and can not rule the rulers themselves. It lacks impartiality and loses the universal significance and function of the law. Furthermore, the Chinese people are deeply influenced by Confucianism and call themselves “states of righteousness and righteousness”, paying attention to ethics, morality, conscience and human relations, which are often not interfered with by law. This determines: in the monarchy of the feudal society simply do not have the conditions of the rule of law, the impossibility of the rule of law, the same is true of the Qin Dynasty.