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先秦时期军事法是中国古代军事法的早期渊源。这一时期军事法有四种比较重要的表现形态:誓,礼,律,兵书。誓产生于夏朝,“甘誓”是夏朝的基本军事法,商朝有“汤誓”,西周有“牧誓”和“费誓”,它们大都是古代战争动员令的记录。“礼”起源于祭祀,它体现的宗法精神是夏、商、周三代军事法的核心。到西周时,礼成为军事法的主要形态,对军事行政法、军事组织法、兵役法律制度、军事后勤法律制度等都有规定。“律”在甲骨文中曾有记载,是关于军队的法律,作为一种军事法的形态,律一直在完善、发展,是我国军事刑法的雏形。兵书是在春秋战国时期产生的军事法的一种特殊形态
The Pre-Qin Period Military Law is the Early Matter of Ancient Chinese Military Law. There are four more important manifestations of military law during this period: oath, courtesy, law, martial arts. The oath was born in the Xia Dynasty. The “sweet oath” is the basic military law of the Xia Dynasty. The Shang dynasty had “Soup oaths” and the Western Zhou Dynasty had “oaths” and “sworn oaths”. Most of them were records of the war moratorium in ancient China. “Ceremony” originated from sacrificial offering. Its patriarchal spirit is the core of military law in Xia, Shang and Shang Dynasties. By the end of the Western Zhou Dynasty, courtesy became the main form of military law and regulated the law of military administration, the law of military organizations, the legal system of military service and the legal system of military logistics. Law has been recorded in Oracle and is the law on the military. As a form of military law, the law has been perfected and developed, which is the embryonic form of China’s military criminal law. Bing Shu is a special form of military law that emerged during the Spring and Autumn Period