2. The origin of China's ancient law is "to promote the law as a soldier, and the law is based on courtesy." In the clan society based on primitive public ownership, the relationship between settlement organizations and society is relatively simple, and there is no need to adjust norms by means of state machines such as legal system. The society has long been in a state of "ruling without punishment, governing without politics, and soldiers can't afford to be kings" and "obeying the people without making orders". At that time, maintaining social order and adjusting social relations mainly relied on the primitive democratic spirit within the clan and the long-term production and living habits and ethical norms formed by the early people, and was guaranteed by the rules of group organization, the prestige of clan leaders and the supervision of public opinion. All disputes and disputes are settled by all parties, namely clans or tribes, or all clans. ""Although there were more public affairs at that time than today, ""however, there was no such bloated and complicated management organ today. All problems are solved by the parties themselves. In most cases, traditional customs have adjusted everything. "In some extreme situations, contradictions, disputes and disputes are sometimes solved by duel, revenge or war. However, this is entirely in the name of democracy and equality, and it has no nature of conquest, slavery or oppression. The oldest prosperity of China originated from military war, and the earliest law was born out of military law.
3. With the improvement of productivity and the development of social economy, since about 5000 BC, people's labor productivity has been able to create surplus products beyond the minimum consumption demand such as maintaining simple reproduction, which have been quickly transformed into social wealth and gradually occupied by some clan leaders. At the latest around 3000 BC, the social division of labor is expanding day by day. Businessmen, religious clergy engaged in spiritual production and managers engaged in mental work have appeared one after another, and private ownership, polarization between the rich and the poor and social stratification have become increasingly prominent. A few elites who monopolize social resources, in order to safeguard their privileged interests, adjust and resolve contradictions, began to establish state machines, and the origin of civil law came into being.
4. Therefore, it is in line with the law of historical development that the ancient criminal law of China was earlier than the civil and commercial law itself. Combined with the specific situation in ancient China, it is not difficult to understand that the ancient criminal law in China was earlier than the civil and commercial law.