| As a unique part of the law system of China, Chinese military law had been formed its own idea, pattern and developing way. This article discusses its tradition andmodem transformation .I. The early stage of Chinese ancient military lawThe military law derived from war. Weapon and punishment, war and the military law shared no relations of origin and derivation. Instead, they shared the same social and history background and they almost appeared at the same time. On the earlier stage of state, the patriarchal clan system and the idea of military law with characteristic of theocracy gave profound effects on the military legislation.The origins of the military law were " Admonition" , " Discipline" and " Courtesy" . TheAdmonition in Xia, Shang and West Zhou Dynasty had owned the basic characteristic ofthe "Law". And the "Discipline" found in the inscriptions on bones or tortoiseshell of theShang Dynasty has a relationship with the law of army. Theexplanation to " Dispatchingtroops by Discipline" in the Chapter Army in The Bookof Changes has the same meaning."Courtesy" was also one of the origins of ancient Chinese military law. Ancient "Military Salute' is a concept with deep meaning. In West Zhou Dynasty, it mainly referred to the behavior regulations and manners of V.he army.After the Spring and Autumn Period (BC770-476) and the Warring States Period (BC403-221), "Courtesy" was no longer an important origin of military law, but it was still remained as a heritage and spiritual system in ancient Chinese military law and gave profound influence on modern military law system.II. The foundation of ancient Chinese military lawThe period of the Spring and Autumn and the Warring States was a cornerstone of an-cient military law. The idea concerning the ancient military law in this period had entered the stage of "Rationalization". Many works of the military strategist and various school ofthoughts collectively reflected such ideas and fully discussed thebasic problems of the milit-ary law, such as, its concept, function and disciplines. The base of ancient military lawwas established hereafter.In the time of Warring States, specialized military laws were gradually made in the fields of, such as, organizing the army, distinguishing and governing the duties of generals and soldiers, management on the supply of armament materials and militarycost. Many states then practiced " Administering the army by law" . And a new heightwas reached on working out military law' s theory, formulating relevant regulationsand practicing these laws.The development of the military criminal law in this period had the following characteristics :1. The military criminal law had formed its initial system with a comprehensive content.2. The military criminal law acted as the forerunner of ruling the army strictly.3. Implicating in military criminal cases had become the set principal.4. Two systems co - existed in military jurisdiction: one was the judicial power of general's; the other was the judicial power of "the Judge Advocate" .III. The establishment and development of ancient Chinese military lawFrom the Qin Dynasty to the Tang Dynasty, ancient Chinese military law was established and developed.Emperor Qin Shihuang founded the first unitary country. He carried out the former military law in the whole country and then practiced large - scaled military legislative activities. He made the military law an important role in the system ofQin's law.At the beginning of the Han Dynasty, emperor Liu Bang attached great importance to making military laws. He required general Han Xin to advocate the military law in the army and relevant regulations in every aspect of army. This represented the maturity of the military law.During the period of Three Kingdoms, Cao Cao and Liu Bei compiled their own military orders. Sun Quan worked out the law of "Admonition" before war. In the Sui and Tang Dynasty, the military law and regulation were more detailed than ev...
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