对孙子军法执行原则的探究

Study on Sunzi's Principle of Carrying out Military Discipline and Law

春秋时期的军法有三部分:一是含在行政法之内的可按军法处置的内容。二是军队特有的军法军纪规定内容。三是军队本质属性所具有的制度规定。孙子的军法思想,是在总结前人特别是春秋时期军事实践的基础上形成的,他不仅是严明军法的大力倡导者,也是严明军法的亲身实践者;不但提出了军法对于决定战争胜负的重要性,也提出了执行军法的原则。孙子提出的"将听吾计,用之必胜,留之;将不听吾计,用之必败,去之",应为严格执行军法之意,而非求取吴王聘用的激辞。

In the period of Chunqiu and Warring State, the military discipline and law consisted of three parts: the content which could be dealt with as military law in administrative law; the specific military law and discipline; system and regulations with military nature. Sunzi's thoughts of military law were summed up from military practice of predecessors, especially those in the period of Chunqiu. He was not only the advocate of strict military discipline and law but also the practitioner who pointed out not only the importance of military law for determining the victory and defeat of war also the principles of carrying out military discipline and law. Sunzi said 'The general that hearkens to my counsel and acts upon it, will conquer: let such a one be retained in command! The general that hearkens not to my counsel nor acts upon it, will suffer defeat- let such a one be dismissed', which should mean abiding by strict military discipline and law, but not asking King of State Wu to employ him.