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The Early Forms of Ancient Chinese Military Law

Jian Zhou

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Abstract

Chinese military Law in the early Qin Dynasty is the early origin of ancient Chinese military Law. In that period, the military law included the four relatively important forms: Shi,Li,Lu, Bingshu. The “Shi” originated from Xia Dynasty, and “Ganshi” was the basic military law of Xia Dynasty. In Shang Dynasty, there was“Tang Shi”,and in the Western Zhou Dynasty,“Mu hi” and “Fei Shi”. They were all records of the mobilization order in ancient wars. The “Li” originated from the sacrifice. The patriarchal spirit which “Li”embodied was the core of the militaty laws of Xia Dynasty, Shang Dynasty and Zhou Dynasty .In the Western Zhou Dynasty, the “Li” was the basic form of military law, which had certain stipulations in many aspects including the military administrative law, the military organic law, the military service law,and the military rear service law. The “Lu”which was recorded in inscriptions on bones refers to military law. The “Lu” which acted as one of the military law forms developed and perfected continuously. It is the embryo of Chinese military criminal law. The “Bingshu” in the period of Spring and Autumn and Warring States was one special military law form.

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What this paper is about

Chinese military Law in the early Qin Dynasty is the early origin of ancient Chinese military Law. In that period, the military law included the four relatively important forms: Shi,Li,Lu, Bingshu. The “Shi” originated from Xia Dynasty, and “Ganshi” was the basic military law of Xia Dynasty. In Shang Dynasty, there was“Tang Shi”,and in the Western Zhou Dynasty,“Mu hi” and “Fei Shi”. They were all records of the mobilization order in ancient wars. The “Li” originated from the sacrifice. The patriarchal spirit which “Li”embodied was the core of the militaty laws of Xia Dynasty, Shang Dynasty and Zhou Dynasty .In the Western Zhou Dynasty, the “Li” was the basic form of military law, which had certain stipulations in many aspects including the military administrative law, the military organic law, the military service law,and the military rear service law. The “Lu”which was recorded in inscriptions on bones refers to military law. The “Lu” which acted as one of the military law forms developed and perfected continuously. It is the embryo of Chinese military criminal law. The “Bingshu” in the period of Spring and Autumn and Warring States was one special military law form.

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Available abstract

Chinese military Law in the early Qin Dynasty is the early origin of ancient Chinese military Law. In that period, the military law included the four relatively important forms: Shi,Li,Lu, Bingshu. The “Shi” originated from Xia Dynasty, and “Ganshi” was the basic military law of Xia Dynasty. In Shang Dynasty, there was“Tang Shi”,and in the Western Zhou Dynasty,“Mu hi” and “Fei Shi”. They were all records of the mobilization order in ancient wars. The “Li” originated from the sacrifice. The patriarchal spirit which “Li”embodied was the core of the militaty laws of Xia Dynasty, Shang Dynasty and Zhou Dynasty .In the Western Zhou Dynasty, the “Li” was the basic form of military law, which had certain stipulations in many aspects including the military administrative law, the military organic law, the military service law,and the military rear service law. The “Lu”which was recorded in inscriptions on bones refers to military law. The “Lu” which acted as one of the military law forms developed and perfected continuously. It is the embryo of Chinese military criminal law. The “Bingshu” in the period of Spring and Autumn and Warring States was one special military law form.

Key concepts: Law, Shang dynasty, Chinese law, Military service, Legalism (Western philosophy), Ancient history, History, History of China

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