本文在杜佑《通典》“都官改刑部”之说基础上,提出刑部渊源至少可推至西魏大统十二年“改三十六曹为十二部”。在大统十二年之前,刑部渊源亦有迹可寻。在汉魏时代的“三十六曹”中,由于三公曹、二千石曹所主辞讼、刑狱非常接近,极有可能合并而成为后来的刑部。 Based on the theory of Duyun “Tongdian” and “Duanshuantai”, this paper proposes that the origin of the criminal law should be at least to twelve years of “Thirty-six changes to Cao” in the twelve years of the Western Wei Dynasty. Twelve years before the reunification, there was no trace of the origin of the criminal law. In the “Thirty-Six Caocao” of the Han and Wei Dynasties, due to the solicitude of the Three Kung Cao and the Twelve Shiocao, the prisons were very close and were most likely to merge to become the later criminal penalties.