关键词: 法家, 儒家, 法治, 人治

Abstract: Because of the Confucianists rule of virtue thought and benevolent rule general plan, make people usually rule of virtue and is it mentionin the same breath to rule by men, regard ruling by law as the natural oppositeruled by men briefly. However, the situation in history is not simple like this,“ruling by law” which Legalists advocated first, it is not the natural opposite ruled by men, but a kind of form of expression ruled by men. To rule bylaw copies of purpose Legalists, is it have“legal system” to “rule by law”tohave, king one “ruling by law” of people, but not “legal system” of the whole society.

Key words: the Legalists, the Confucianists, rule by law, rule by men