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先秦时期是一个中国社会由分裂向统一过渡的动荡时期,出现了思想上百家争鸣和军事上列国纵横的局面。先秦军事法律思想中,又以儒家和兵家主张重民、爱兵,以“仁”治理人民和军队为代表。但是在这一神权向王权过渡的时期,这些看似人道思想的规则又存在其目的性和片面性。因此,虽然先秦时期的军事法律思想中包含着丰富的人道思想与人道规则,但终究未能发展出现代意义上的人道主义。
The pre-Qin period was a period of turmoil in which Chinese society was going from split to unification. There emerged a situation of hundreds of contentions in the thinking and the vertical alignment of the military with other countries. In the thought of military law in the pre-Qin period, Confucianists and military strategists also advocated reemployment of civilians and armed forces to represent the people and the armed forces. However, at the time of the transition from this theocracy to monarchy, these seemingly humane rules have their purpose and one-sidedness. Therefore, although the thought of military law in the pre-Qin period contained abundant humanitarian thoughts and humane rules, it failed to develop the humanitarianism in the modern sense after all.