On The Litigation Function In Modern Society

Litigation is an ancient and historical category. In modern society, litigation is not a legal phenomenon, but an important mechanism to control society, and an important functional construction in organic whole. The dissertation expounds and proves the functions of the litigation in modern society with principles of Sociology of law, Legal philosophy, with the methodologies of Construction-functionalism, Systems and Linguistic-interpretation, trying to realize the intrinsic mechanisms, general regularities and the manifestations of the occurring and development of the litigation functions in modem society with a historical and systematical approach. In this dissertation, a thorough and detailed discussion focusing on the functions of the litigation in modem society is conducted in 4 parts.In the First part, after analyzing and defining the basic concept of the litigation in modem society at the very beginning, the hypotheses and methods of the present research are put forward. The dissertation introduces systematically the relative concepts such as social unit, social construction, social evolution, the split of construction and function, the separation of state and society, and so on, discusses the basic canonical form for the research on the litigation, and determines the main methods to study the intrinsic mechanisms and general regularities of functions of the litigation in modem society, determines the main methods of demonstration for the litigation functions in modern society.In the second part, the dissertation analyzes the occurring mechanisms of the functions of the litigation in the modem society. Through the functional analysis and the method of systematic analysis to the cross level of the litigation and the society, the dissertation discusses the outer criterion of occurring mechanisms of the functions of litigation in modem society, draws a conclusion that the system of litigation should be a kind of transmitting media to the society as a whole; through the physical analysis to the occurring mechanisms of the litigation, analyzing the main constructions and the formal mechanisms, exploring the inner mechanisms of the occurring of the litigation in the modern society, the dissertation tries to reveal the general laws of the functions of the litigation occurring in modem society as a whole.In third part, the dissertation analyzes the characters of the different functions of the litigation in the modern society, by revealing the historical regularities of the functions of the litigation in different periods. On the basis of analysis to the different functions of the litigation in the early human period, traditional period, and modern society, the dissertation discusses the social mechanisms of the functions occurring as well as development, and reveals the general regularity of the functions that develops in the procedure of the human society's changing.In the forth part, the dissertation classifies and analyzes the functions to the political field and to the civil society in the modern society, studies the functions to the entirety of the modern society.In the postscript, the dissertation tries to apply the research result of the Function-analysis of the litigation in modem society to practice, inspecting the functions of the litigation in modern China, drawing the assumption and main paths to intensify the judicial reforms and construct the system of functions for the litigation in modern China.