著名的英国法学家梅因曾说过,“如果我们能通过任何方法,断定法律概念的早期形式,这将对我们有无限的价值。这些基本观念对于法学家,真像原始地壳对于地质学家一样的可贵。这些观念中,可能含有法律在后来表现其自己的一切形式”。中国古代法律概念的早期形式及其生成,一直是我们理解中国传统法律文化的关键,甚至是影响当代中国法律文化建设的因素,从比较法律文化角度来说,也是一项基础性的学术工作。因此,笔者不揣浅陋,利用相关资 The well-known British jurist Mayne once said, “If we can conclude the early forms of legal concepts by any means, it would have infinite value to us.” These basic concepts are for jurists, much like the original crust for geology Like all the family, these ideas may contain laws that later manifest themselves in all its forms. " The early form of ancient Chinese law and its formation have always been the key to our understanding of the traditional legal culture in China and even the factors affecting the legal and cultural construction in contemporary China. From a comparative legal and cultural point of view, this is also a basic academic work. Therefore, I do not humble shallow, the use of related resources