先秦法家的代表人物商鞅、韩非、李斯,他们最大的悲剧在于他们倡行“法治”却又最终“为法所治”。他们的悲剧不仅在于个人之死,更在于他们作茧自缚式的死亡方式。他们主张的“法治”缺乏了法治的应有之义;他们主张的“法”是君主专制之下的法,将法异化为最高统治者手中的工具。于是貌似“法治”实则是“人治”。所以他们真正的死因就是“人治”。“人治”的随意性最终决定了他们的悲剧命运。而他们身受酷刑而死的原因在于他们片面强调有利于君主专权的法的震慑力作用。由此可见,对于“良法之治”的关注对于“法治”而言至关重要。所以当今的“依法治国”不仅要重视“依法而治”更要重视“依什么法而治”的问题。 The most important tragedies of the forerunners, Shang Yang, Han Fei, and Lisi, lie in their advocacy of “rule by law” and ultimately “rule by law.” Their tragedies not only lie in the death of individuals, but also in their cocoon-bound way of death. What they advocate is that the “rule of law” lacks the due justice of the rule of law; the “law” they advocate is a law under monarchy that alienates the law as a tool in the hands of the supreme ruler. So it looks like “rule of law ” is actually “rule of man ”. So their real cause of death is “rule of man.” The arbitrary nature of “rule of man” ultimately determines their tragedy. And the reason they died when they were tortured was that they unilaterally emphasized the deterrent effect of the law in favor of monarchy. From this it can be seen that the concern for the “rule of law” is crucial to the “rule of law.” Therefore, today’s “rule of law” should not only pay attention to the issue of “rule by law” but also pay more attention to “what should be done according to law”.