Thought Qin Military Law

The thought of military law, which was originated from Pre-Qin periods, is theorization system for law phenomenon in military field. With the comprehensive research methods of intellectual history and military law, of intellectual history and social history, of historical and law analysis, this paper points out the characteristics of traditional ideas and culture, historical research theorization system of law phenomenon in military field at the angle of national law which includes the development between Li and Law.Main problems which this paper point out includes:Firstly, This paper tries to seek the origin of military law from the characteristics of traditional civilization. It thinks ancestors worship and war were two important elements which urged early nation formation such as Xia, Shang and Zhou Dynasties. "Xing(penalty) begins with Bing(War) and ends up with Li(ceremony)", is the classical summarization for unique develop way of ancient military law in China. The thought of military law during Pre-Qin periods was showed military criminal law originated from clan war. In West-zhou dynasty, "Li" was developed from clan habits of primitive society to national law which includes war and penalty. Since then, war came into political and moral nature, and formed military law of ruling military items by law——Jun-li(Military ceremony).Secondly, based on the background of origin and evolution of "Li" as national law, this paper deep and careful researches "Jun-li(Military ceremony)" which was a special pattern of traditional law. "Unite nations with military ceremony" which was punished action of violate ceremony with military means, is main content of military law in West-zhou and Chun-qiu dynasties. "Jun-li(Military ceremony)" reflected the contradictory development between "Military" and "Law", between political purpose and military demand. So the contradiction of Jun-li(Military ceremony) lead to its decline lastly.Thirdly, this paper compares military laws among Confucian school, Legalists and Taoists in Zhan-guo dynasty. Through inheriting and reforming Zhou-li, Confucian school tried to rule military items by Li(ceremony). Legalists insist on ruling nation by law and making nation stronger to stop war. Taoists in Zhan-guo dynasty thought "Laws originated from Tao" and emphasized rule nation by Li(ceremony) and law. All of these shows three kinds of military laws which emerged the developing clue of national law from Li to law.From the unique angle of "military law during Pre-Qin periods", this paper attempt to explore the historical development of traditional civilization and the value ideas of making nation stronger and seeking peace. Chinese wisdom which solved war chaos with fine political and social order construct, is valuable wealth to pursue order and peace for human being.