公元前513年,晋国铸成刑鼎,将宪法成文化,孔子对此作了严厉批评。孔子谈到了晋国历史上的四种法:唐叔之法、文公之法、范宣子之刑和铸刑鼎。前三种法为不成文法,最后一种法为成文法。从唐叔之法走向范宣子刑书,晋国从内容上抛弃了传统的礼法,走上了刑法治国的道路;而从范宣子刑书到铸刑鼎,晋国则进一步从形式上抛弃了传统的不成文法,开启了成文宪法治国之路。梳理这一不成文法向成文法转变的过程,分别其间的得失,是实现今日良好法治的必修课题。 In 513 BC, the Jin dynasty was cast into a penitentiary and the constitution was codified. Confucius severely criticized it. Confucius talked about the four kinds of law in the history of Jin Dynasty: the law of Tang Shu, the law of the public, the punishment of Fan Xuanzi, and the casting of Ding. The first three methods are unwritten law, the last one is statute law. From Tang Shu’s law to Fan Xuanzi’s criminal record, Jin dynasty abandoned the traditional etiquette from the content and embarked on the path of criminal law and rule of the country. From the prosecution of Fan Xuanzi to the death penalty, Jin dynasty abandoned the traditional The unwritten law opened the way to a written constitutional rule of law. To sort out the process of the unwritten law’s transformation into statutory law, the gains and losses in the meantime are the compulsory topics to realize the good rule of law today.