【摘要】 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更多还原

【Abstract】 Chinese military Law in the early Qin Dynasty is the early origin of ancient Chinese military Law. In that period, the military law included the four relatively important forms: Shi,Li,Lü, Bingshu. The “Shi” originated from Xia Dynasty, and “Ganshi” was the basic military law of Xia Dynasty. In Shang Dynasty, there was“Tang Shi”,and in the Western Zhou Dynasty,“Mu hi” and “Fei Shi”. They were all records of the mobilization order in ancient wars. The “Li” originated from the sacrifice. The patriarchal spirit which “Li”embodied was the core of the militaty laws of Xia Dynasty, Shang Dynasty and Zhou Dynasty .In the Western Zhou Dynasty, the “Li” was the basic form of military law, which had certain stipulations in many aspects including the military administrative law, the military organic law, the military service law,and the military rear service law. The “Lü”which was recorded in inscriptions on bones refers to military law. The “Lü” which acted as one of the military law forms developed and perfected continuously. It is the embryo of Chinese military criminal law. The “Bingshu” in the period of Spring and Autumn and Warring States was one special military law form.更多还原