The Study Of The “strict Enforcement Of Orders And Prohibitions”

The primary point of “Strict Enforcement of Orders and Prohibitions” lies in its social order value. In this thesis, the military discipline and the law selected as the study object, from the perspective of war history, the origin and evolution of “Strict Enforcement of Orders and Prohibitions” can be divided into three stages, namely the military discipline standard stage, the principle of military discipline stage and the legality principle stage. Although different stages of “Strict Enforcement of Orders and Prohibitions” vary in ideological implication and pattern of manifestation, the evolution of three stages shows certain regularity. Through the discussion on the origin and evolution of “Strict Enforcement of Orders and Prohibitions”, this thesis concludes that the military discipline is an important source of law, both of which are jointed by the order value-centered “Strict Enforcement of Orders and Prohibitions”; the fundamental order value of legal system derives from the military discipline.As a rule of binding force in the military discipline, “Strict Enforcement of Orders and Prohibitions” exerts deep influence over the early stage of military discipline normative system and generates the directing troops thought of people first and rule by law strictly. The pre-Qin period is the revolution period of ancient China, when the development of the military discipline reflects the micro change of the whole social environment and also directly indicates the change of country’s control force under different historic morphology. Therefore, the study on the emergence and the evolution law of the military discipline in the pre-Qin period contributes to comprehending many problems of the revolution period from a micro side, such as the collapse of patriarchal clan system in the Western Zhou Dynasty, the cause for the early stage of written legislation movement and the mutual fusion of three thoughts, military, law and Confucianism.Through collecting the historical materials and referring to the latest archaeological achievement, this thesis conducts a study on the origin and evolution of the military discipline in the pre-Qin period by means of induction and analysis. It consists of the following four parts.The first part is the study on the “Strict Enforcement of Orders and Prohibitions” at the level of military discipline. From the time dimension, the early stage of military discipline can be divided into two stages, in embryo and come into being. On this basis, the “Strict Enforcement of Orders and Prohibitions” as the specific military discipline standard is involved in the embryology study to explore the origin of “Strict Enforcement of Orders and Prohibitions” based on the history data.The second part is the study on the “Strict Enforcement of Orders and Prohibitions” at the level of the principle of military discipline. The military salute of the Western Zhou Dynasty almost covers every aspect of modern military system, and the “Strict Enforcement of Orders and Prohibitions” not only becomes the king provision of military discipline standardized system but also serves as the principle of directing troops applied to various military activities such as military training, review, march and fight. The military discipline of this period is not the law but actually acts more than the law, reflects the legal concept of ancient China. It is constructed based on the principle of “Strict Enforcement of Orders and Prohibitions”. This chapter focuses on the specific pattern of manifestation of the “Strict Enforcement of Orders and Prohibitions” in this period and the relevant military discipline details.The third part is the study on the “Strict Enforcement of Orders and Prohibitions” at the level of legality principle. The enforcement of legal system in ancient tines calls for three basic conditions: the powerful lawmaker, effective monitoring and implementing mechanism and the high authority of law. Seeing from the history of The Spring and Autumn Period, the idea of the “Strict Enforcement of Orders and Prohibitions” evolves from directing troops into governing the country, promotes the formation of three basic conditions and becomes one basic principle of legal system itself.The fourth part is the summary on the evolution law of the “Strict Enforcement of Orders and Prohibitions”. The origin and evolution of “Strict Enforcement of Orders and Prohibitions” can be divided into three stages, namely the military discipline standard stage, the principle of military discipline stage and the legality principle stage. Although its ideological implication and pattern of manifestation varies in different periods, “Strict Enforcement of Orders and Prohibitions” shows three trends, the legalists’ rule of law in terms of guiding thought, the diversification of value connotation and the socialization of application scope.In a word, as a concept of social order, the “Strict Enforcement of Orders and Prohibitions” taking the military discipline and the law as the carrier, on one hand, provides practical experience and ideological basis for the later ages of directing military affairs, develops into the unique military law decency based on the fusion of three thoughts, military, law and Confucianism, and combines the moral education with the fair rewards and the punishments, making outstanding contribution to the later ages and the world’s military thought development; on the other hand, it promotes the establishment of the legal civilization of ancient China, becomes the fundamental legality principle symbolizing the order value and has great significance for the implementation of the rule by law today.