On The Characters Of Military Law In Warring States

By comparing the different performance of the military law which was implemented during the period from Xia dynasty to the Warring States and composing the social background, the main purpose of the essay is to indicate and explain the distinct characters of military law in Warring states. Based on the essential materials from pre-Qin dynasty, such as SIMAFA, WEILIAOZI, ZUOZHUAN and SHUHUIDIQINMUZHUJIAN and so on, I have classified these relevant materials and analyzed them from three different aspects: from the temporary and customary law to systematic and statute law; the range of punishment had been enlarging and the degree of punishment had been deepening; the phenomenon of changing the seriousness of military law had increased. The basic feature of Warring States is the war. A lot of continuous wars happened at that time and the military law had become a efficient tool for the kings and military leader to control the army in order to win the wars. All aspects of the military law had been influenced, such as the training, organization, cantonment, marching, fighting, rewarding and punishment. The construction of military law had been finished for a while because of the impetus of the wars. The trend of implanting the rigor laws had influenced the establishment and execution of the military law. So it was often to see that a great number of soldiers had been killed by the laws. More people had been involved into the tend of war with the implement of JUN GONG JUE, and more innocent soldiers'heads had been cut duo to the law of LIANZUO. The principle of ignoring the crime of aristocrats had faded out and it had become common to give more prizes to normal soldiers. The balance of fair and square of military law had been waved sometimes by the hit of different kinds of powers. In a word, it was the golden period for the development of military law which had been up to the peak and the accomplishment was also been influenced by the movement of calling for the importance of law. A great power from the cruel practice of wars had been infused into the construction of military law and at the same time the war had become to upgraded under the support of the better system of the military law.