试论“皋陶作士”的历史意义——兼论影响传统法制的部族战争因素

On the Significance of Gaoyao as the Justice

华夏民族的刑法不是皋陶创制的。尧命“皋陶作士”,是部族战争因素影响传统法制的重要体现,尧舜禹希望借重皋陶所在涂山氏部落的力量,维护部落联合体的安全,同时维护正在兴起的部落联合体首领的权威。作为华夏部落联合体的第一个刑官,皋陶为传统法制奠定了基础。

Gaoyao, who was regarded as the first justice of China, didn't fomulated the law. Why he was appoited as the justice was that Yao, shun and Yu , the first three heads of integrated tribes, hoped to depend on the strong Tushanshi, Gaoyao's tribe, and to protect the integreted tribes and their authority. As the first justice of it, Gaoyao laid the foudation of Chinese law.