先秦法家之崛起,是欲谋变法图强、以法治秩序替代传统礼治秩序的一次积极努力。如果抛开其中的专制主义、“除阴奸”等不良成分,其与时俱进的变革精神、按规则办事的理性精神和“大公无私”的正义主张在当下依然具有重要的借鉴价值。尽管如此,由于法家的富强之路是建立在国富民穷、国强民弱的“零和博弈”之上的,因此,只有冲破这一怪圈,充分发扬民众的能动性和自我觉醒意识,才有可能真正走向富强之路。同时,法家“崇公抑私”的观念在后世的演化中,不仅表现出“假公济私”的欺骗性质,更导致“公”对“私”的肆意侵吞和民众权益的极度萎缩。为此,需要妥善处理“公”与“私”的冲突和矛盾,真正实现二者的统一和相得益彰。 The rise of the legalists in Pre-Qin Dynasty is an active attempt to change the law and to replace the traditional order of rites with the rule of law. If we put aside the despotism, the negative elements such as “In addition to the Yin-rashes”, the spirit of reform that keeps pace with the times, the spirit of rationality in accordance with the rules, and the “just and unselfishly,” justice still have an important reference nowadays value. Nevertheless, since the legalist’s road to prosperity and prosperity is based on the “zero-sum game” of the rich and the poor in the country and the weak and strong in the country, only by breaking through this vicious circle and giving full play to the people’s awareness of initiative and self-awakening , It is possible to really move towards prosperity. At the same time, the concept of legalism and “worshiping the public and suppressing privacy” not only shows the deceitful character of “fake public goods and private goods” but also leads to the wanton embezzlement by the “public” and the “private” and the public The extreme shrinkage of rights and interests. To this end, we need to properly handle the conflicts and conflicts between the “public” and the “private” and truly realize the unity and complementarity of the two.