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An Evaluation of the Chen Jingyuan Case Based on Core Ideas in Legalist Philosophy from the Warring States Masters

Legalism (Fajia), one of the "Hundred Schools of Thought" (Zhuzi Baijia) in ancient Chinese philosophy, is epitomized by thinkers like Shang Yang, Shen Buhai, and Han Feizi, advocating a pragmatic, authoritarian statecraft to achieve order and power. Its core ideas revolve around *fa* (law as impartial, codified rules enforced rigorously), *shu* (administrative techniques for controlling officials and subjects), and *shi* (sovereign authority or positional power to ensure obedience). Legalists viewed human nature as self-interested and chaotic, necessitating strict laws, merit-based rewards/punishments, and the ruler's cunning dominance to forge a strong state (*fu guo qiang bing*). Unlike Confucianism's moral harmony, Legalism prioritizes efficacy over virtue, with Han Feizi warning that "laws are the state's armor." The Chen Jingyuan case—a doctoral scholar sentenced to 20 months for "picking quarrels and provoking trouble" (PRC Criminal Law Article 293) over Twitter forwards—through the Legalist lens of the Warring States masters, exemplifies *fa*'s iron application and *shi*'s consolidation, yet falters in *shu*'s subtlety, risking the very disorder it seeks to suppress through overreach.

#### 1. *Fa* (Law) as the Impartial Net: The Verdict as Codified Deterrence

Legalism's *fa* demands universal, predictable laws as the state's unyielding framework, applied without favoritism to deter deviance and instill fear.

Article 293 serves as such a net: the "disruption of social order" from unverified forwards (e.g., Hayek critiques or the "Trump-kneeling Xi" cartoon) is penalized with mechanical precision, aligning with Shang Yang's reforms—harsh, uniform sanctions to break habitual "quarrels." The judiciary's "high education implies discernment" enforces *fa*'s impersonality, treating intellectual curiosity as innate chaos warranting 20 months' correction. Legalists like Han Feizi would applaud this as pragmatic: the closed-door trial streamlines enforcement, multiplying the law's reach without moral qualms. Yet evidentiary gaps (prosecutor's unverified admission) subtly undermine *fa*'s universality—selective application (millions of similar shares unpunished) frays the net, inviting evasion rather than true deterrence.

#### 2. *Shu* (Techniques) in Subtle Control: Judicial Maneuvering as Artful but Flawed Administration

*Shu*, per Shen Buhai, involves the ruler's opaque techniques to monitor and manipulate, ensuring loyalty through cunning rather than overt force.

The proceedings deploy *shu* adroitly: the "evidence chain" and non-oral appeal manipulate opacity, turning Chen's prison letter (rumor taxonomy and avalanche theory) into a controlled "resistance" exhibit without scrutiny. The "shut up" directive exemplifies administrative finesse—silencing without spectacle, preserving the facade of order. Han Feizi, master of *shu*, would commend this as the "unseen hand": anomalies like zero causal "disorder" are deflected via auxiliary claims ("upper-level instructions"), maintaining bureaucratic equilibrium. However, flaws emerge—overt coercion risks backlash, as *shu* demands balance; the prosecutor's admission exposes the technique's brittleness, potentially eroding the ruler's cunning veil and fostering cunning subjects.

#### 3. *Shi* (Positional Power) and Sovereign Supremacy: The Case as Consolidation of Unchallenged Authority

*Shi* is the sovereign's absolute position, amplified by law and techniques to render the state invincible, with subjects as pliable instruments.

The PRC's *shi* radiates here: Article 293 asserts unchallenged command, the sentence exemplifying sovereign might—crushing "quarrels" to deter the educated elite, aligning with Legalist *ruo min* (weakening the people). The judiciary's delegation enforces this hierarchy: Chen's scholarly *qi* is subordinated, his letter neutralized to uphold the apex. Legalists would hail this as ideal *shi*: the non-public format veils power's machinery, ensuring habitual obedience without dilution. Subtly, though, voids like unheeded evidence hint at *shi*'s peril—overreliance on force without *de* (virtue) invites the Mandate's loss, as Han Feizi cautioned: "When *shi* wanes, the state crumbles."

#### Conclusion: The Legalist Lens on the Case—A Net of Efficacy Teetering on Excess

From the Legalist philosophy of the Warring States masters, the Chen Jingyuan case is a near-ideal triad: *fa*'s net ensnares deviance, *shu*'s cunning veils control, and *shi*'s might consolidates supremacy, forging order from chaos. As of October 22, 2025, no retrial or exoneration has occurred; Chen's account remains dormant, its silence a quiet thread in the net. This case cautions, even in Legalist terms: efficacy demands balance—overtighten the net, and it snaps. As Han Feizi reflected, "Law without cunning is weak; cunning without law is reckless"—may the state heed its own armor.