“刑无等级”这个口号是中国封建社会初期的法学家商鞅提出的.他在《商君书·赏刑篇》中写道:“刑无等级,自卿相、将军以至大夫、庶人,有人不从王令、犯国禁、乱上制者,罪死不赦.有功于前,有败于后,不为损刑;有善于前,有过于后,不为亏法.忠臣孝子有过,必以其数断.”从商鞅的这段话中,我们可以看出,他的“刑无等级”的主张包含两点基本含义:(1)“刑无等级”的对象包括了封建社会中除国君以外的全体臣民.(2)它包含着除国君外全体臣民在“王令”、“国禁”即法律面前一律平等的思想.对于商鞅的这个口号,我们有这样两点理解:第一、商鞅的“刑无等级”虽然含有一定程度和一定范围的法律面前人人平等的思想,但决不同于近代意义的 “The slogan” is the slogan put forward by Shang Yang, a jurist in the early days of the feudal society in China, who wrote in The Book of Shang Shang’s Book of Commanders: “There is no grade in punishment, sincerity, generals and even doctors, Ordinary people, some people do not from Wang Ling, guilty of the country to ban, chaos on the system, sin of forgiveness. The merits of the former, the defeat in the future, not for the loss of punishment; there are good before, too late, not loss of law. Loyal cousins ​​have had, will be the number of off. ”“ From Shang Yang’s passage, we can see that his ”no grade“ contains two basic meanings: (1) Level ”includes all the subjects other than the monarch in the feudal society. (2) It contains the idea that all the subjects other than the monarch should be equal before the law in terms of “ Wang Ling ”and “ State Ban ”. For Shang Yang’s slogan, we have two understandings. Firstly, Shang Yang’s “no grade” contains a certain degree and a certain range of ideas that everyone is equal before the law. However, it never differs from modern meanings