Law does not exist at all, but it is a social phenomenon that only appears when human society develops to a certain historical stage. It came into being on the basis of the gradual disintegration of primitive society, replacing the habit passed down from generation to generation in clan society.
In China, Guo Moruo was the first person to study the origin of law. On the basis of systematic study of Oracle bones, epigraphy and ancient books lost in the Yin Dynasty, he put the ancient history of China into the whole development process of human history for the first time. But when the law was born, Lao Guo did not give a clear answer. Today, the origin of China law is still limited to some legends and stories. Hao Tao's story is the earliest story about the origin of China law. From this story, we can know that China had laws as early as ancient times.
Yao Chan was ceded to Shun, who appointed him as a noncommissioned officer, a position equivalent to that of the later minister of Dali Temple and the president of the modern Supreme Court or the Minister of Justice. Later, Shun abdicated to Yu, but Yu thought that he was wise and upright and wanted to give up the position of leader of the tribal alliance. Unfortunately, he died before I meditated. Why can you be the heir of Yu? From the following conversation between Hao Tao and Shun Di, we can get a glimpse of Hao Tao's contribution to the stability of tribal people's lives.
Hao Tao mainly lived in the Shunyu period. During the Shun Di period, wars broke out between Huaxia and Miao, and intra-clan crimes also occurred frequently. It was really an era of internal troubles and foreign invasion. Shun said to him, "Hao Tao, ethnic minorities are constantly invading the Central Plains, and there are robbers and murderers at home and abroad. What do you think of my appointment as a sergeant, leading the tribe to fight against Miao Man and dealing with crimes within the tribe? "
Hao Tao said: "I am willing to serve the tribe, but I am too ignorant to undertake such a heavy responsibility."
Shun said, "Never mind. As long as you remember the following magic principles and requirements, you can make a good judgment. Prisoners who should be punished by ink, vomit, palace and monarch should perform their duties, but when executing the punishment, they should be treated according to different circumstances. Those who commit minor crimes will be punished on the Lantern Festival, those who commit major crimes will be punished in the city yard, those who commit official crimes will be punished in the tribal lobby, and those who are knowledgeable will be punished in the downtown area. Those sentenced to less than five punishments, namely Mo, Mo, Mo, Gong and Gong, should be treated leniently. Prisoners who can't bear to be punished should be exiled according to their distance. Those who commit serious crimes will be exiled to remote ethnic minority areas, those who commit more serious crimes will be exiled outside Kyushu, and those who commit ordinary crimes will be exiled thousands of miles away. As long as we can see through the details and correctly convict and sentence, we can convince criminals. Do you understand now? "
Hao Tao replied, "Well, I will follow these principles and do my duty."
Hao Tao lived up to Shun's expectations. During his tenure as chief justice, he used a mysterious animal to help him decide a case. Whenever Hao Tao meets an unsolved case, he will bring him here. If he confronts the suspect, it means that he is guilty; If you don't touch the suspect, it means he is innocent. Relying on this, Hao Tao is impartial and strictly enforces all kinds of laws, so that crime, responsibility and punishment are equal. In the process of implementing the law, Hao Tao has also formulated many effective laws and regulations to punish all evils in the world, so that all criminals have been punished by law and made outstanding contributions to the stability of the whole tribe.
Law originated in the late primitive society, mainly because clan wars are closely related to the origin of law. Since ancient times, there has been a saying in China that "soldiers and punishments are the same" and "punishment begins with soldiers". The so-called military punishment is interlinked, that is to say, in the eyes of the ancients, war and punishment or criminal law are the same thing, essentially the same. The so-called punishment begins with soldiers, which means that the law originated from the ancient clan war. Hao Tao's story fully embodies this theory.
In a word, through the story of Hao Tao, we can believe that China law originated in ancient times.