There are three forms of seizure of royal power: open seizure, affair‑based seizure, and punishment‑based seizure.
High ministers enjoy noble rank, grasp key state power externally to win over other officials, so that no internal or external affairs can proceed without their consent. Even virtuous and upright men will suffer disaster if they oppose such ministers, and gain fortune if they obey them. Thus no minister dares to be loyal to the ruler or argue for state interests. Even a wise ruler cannot plan alone, and ministers dare not offer loyalty; the state becomes doomed. This is called “having no loyal ministers in the state”.
“Having no ministers” does not mean empty palace guards or few court officials. It means ministers take salaries to nurture private cliques, pursue self‑interest instead of public loyalty – this is open seizure.
Ministers traffic royal favor, monopolize power, use external influence to suppress the inner court, and manipulate the ruler with words of fortune and misfortune to cater to his likes and dislikes. The ruler listens to them, demeans himself and neglects state affairs to support them. When plans fail, they share blame with the ruler; when plans succeed, they claim all credit. All serving officials speak in unison to praise them, so the ruler will never believe those who criticize them – this is affair‑based seizure.
When ministers monopolize prisons, prohibitions and punishments, this is punishment‑based seizure.
Neglect of the three safeguards brings about the three seizures; maintenance of the three safeguards stops them. Once the three seizures are blocked, the ruler may reign supreme.
Note
This passage establishes a strict Legalist power theory: ministerial usurpation follows three predictable paths. A ruler who strictly maintains his three core safeguards can eliminate all usurpation risks and achieve supreme rule.
Late Warring‑States Legalist philosopher. This passage is from his essay The Three Safeguards (San Shou). He systematically classifies ministerial power‑usurpation into three types and links them directly to the ruler’s failure to uphold his three core safeguards.
Three Seizures (San Jie)
Han Fei’s threefold classification of ministerial usurpation: open seizure by factional power, affair‑based seizure by manipulating state affairs and the ruler’s emotion, punishment‑based seizure by controlling judicial and penal power.
The ruler’s three fundamental duties: keep secrets, independently control reward and punishment, and monopolize the power of life and death.
Ministerial Usurpation Logic
Power flows to ministers when the ruler cannot control information, emotion, and judicial force, which are the three core tools of autocratic governance.
凡劫有三：有明劫，有事劫，有刑劫。人臣有大臣之尊，外操國要以資群臣，使外內之事非己不得行。雖有賢良，逆者必有禍，而順者必有福。然則群臣直莫敢忠主憂國以爭社稷之利害。人主雖賢不能獨計，而人臣有不敢忠主，則國為亡國矣，此謂國無臣。國無臣者，豈郎中虛而朝臣少哉？群臣持祿養交，行私道而不效公忠。此謂明劫。鬻寵擅權，矯外以勝內，險言禍福得失之形，以阿主之好惡，人主聽之，卑身輕國以資之，事敗與主分其禍，而功成則臣獨專之。諸用事之人，壹心同辭以語其美，則主言惡者必不信矣。此謂事劫。至於守司囹圄，禁制刑罰，人臣擅之，此謂刑劫。三守不完則三劫者起，三守完則三劫者止，三劫止塞則王矣。
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