How did the law of China originate?

To put it simply, the origin of ancient Chinese law is that "punishment starts from soldiers and law comes from courtesy".

(1) Punishment begins with soldiers.

On the one hand, the original punishment in ancient China originated from military war, and the earliest law was born out of military law in military affairs. On the other hand, "the same soldiers and prison system." Military war needs to deal with enemies, prisoners or other illegal and criminal acts in time. Some military laws are also criminal laws for conviction and sentencing.

Huangdi's "Five Punishment": "Armored soldiers are severely punished, followed by axe, saw, drill and whip" (Guo Yu and Lu Yu) Miao's "Five Punishment": In the Chiyou era, "Miao people used their spirits, but said that punishment was not cruel. Killing innocent people is the beginning of prostitution. " Lu Xing, Shang Shu "is innocent, and at first it was" embarrassed, embarrassed, embarrassed ". ("Shangshu Lv Xing")

Hao Tao elephant punishment: the so-called elephant punishment, one view is that; Elephant is symbolic, and elephant punishment is to make people wear different colors of clothes and towels, symbolizing different punishments; To show shame and punishment. Another point of view is that elephant means portrait, and elephant punishment is to draw portraits of prisoners wearing different clothes, towels and costumes, symbolizing different punishments, and take this as a warning and make it public. Decorative portraits, symbolizing different punishments, are made public as a warning.

(B) the law from the ceremony.

1. Ritual originated from sacrifice. In the process of sacrifice, the ceremony was strengthened and systematized. With the division of classes, the ritual levels of sacrifice are also different.

Politeness is indeed a sign of rank. With the division of classes, the upper class evolved into the ruling class, and with the help of political power, the ceremony was raised to the norm to adjust people's social relations.

2. At this point, the ceremony had legal connotation in both form and essence, until the ceremony of Duke Zhou was standardized and systematized, which became the general name of the code of conduct for adjusting social relations in ancient China.

3. Rites are an important source of ancient laws in China, and the original forms of expression of ancient laws in China are mainly represented by rites.