一、刑法渊源多元化之发展非洲刑法渊源首先源自习惯法。虽然英国法史学家亨利·梅因基于对古代法的考察认为,法典越古老,其刑事立法就越详细和完备。但在早期非洲,习惯法的主体内容是民事法律,刑事法律部分较少,正如奥德一布朗(Orde-Browne)所言,非洲习惯法“与其说属于刑法性质,还不如说是属于民法性质,几乎所有最严重、最特别的犯罪都是采用类似于仲裁而不是惩罚的制度进行处理”。当然,习惯法中占主体地位的是民事法律这一点并不说明习惯法中没有刑事法的成分,非洲习惯法中仍有刑事法的内容,直到现有,非洲一些国家 First, the diversification of the origins of criminal law The origins of criminal law in Africa originated from customary law. Although British legal historian Henri Maine, based on the investigation of ancient law, believes that the older the code, the more detailed and complete its criminal legislation. However, in early Africa, the main body of customary law was civil law with few criminal laws. As Orde-Browne said, customary law in Africa “is not so much criminal law as it belongs to civil law Nature, almost all of the worst and most specific crimes are dealt with in a system similar to arbitration rather than punishment. ” Of course, the fact that the dominant position in customary law is civil law does not indicate that there is no element of criminal law in customary law and that there is still criminal law in customary law in Africa. Until the present, some African countries