Analyzing The Thought Of Non-Litigation

The non-litigation is to seek and its target is to mediate cease-conflict. The thought of non-litigation is the shallow lake inevitable outcome, which from the accumulation of Chinese traditional law culture. It is always ideal assiduously sought by people during the past. It has the same history rationality with modern rule by law. It also embodies that people run after the common subject: social order and justice with different condition.The non-litigation is a society that has no disputing and no committing a crime. At the same time there is no needing law or though the ideal state having law but being shelved. It as the behavior of human being temperament expresses people to strive after having the life order and society justice. The non-litigation brings the important effect into play on society function as a law concept of Chinese ancient society. It upholds the simple and unsophisticated but rich connotation of jurisprudence and law philosophical thinking in actual judicial practice in ancient times at the same time. Confucius looks upon non-litigation as value target of trial procedure, he thinks that contest a lawsuit is a bad thing that people is unwilling to mention. Law's function is to put down"necessary vicious"arguing. The thought of non-litigation has indicated a basic position of Chinese genealogy of law thought: Ideal society is that the people has no society who argues surely, contest a lawsuit is absolutely unprofitable, government's duty and law mission are not harmonizing a dispute, but to wipe out a dispute completely. Legal action is the no choice of real law and legal institutions. It is one kind of necessary evil. Legal action ought to be expert in disputing and it is a fine pattern that can easier resolve a dispute more quickly by the fact that legal action, not ought to being evil. If legal action is to under the pressure of the circumstances of resolving mechanism, then non-litigation is the advanced extremely ideal sum of human being's morality consciousness and law consciousness. Non-litigation is not wiping out law, polishing law and goes back to the situation of"being absolutely lawless". On the contrary, it propagates people by law education and then promotes their cognitions level of law and makes whose law consciousness become much more mature day by day. With this way, when there is dispute or conflict, we not use legal action but to need the pattern of non-litigation to resolve problem. We lay law and legal action aside, and use non-litigation to make the dispute properly appear. Judging from this, the thought of Confucian's non-litigation has already exceeded a judiciary tier of face. It stands on the"benevolence"spirit that"don't do to others what you don't want others to do to you"and"if you desire to stand, then help others to stand, if you want success, then help others to success". It tells people when considering their selves benefits also taking others into consideration, and in this way, can build a healthy social conduct among people. And harmonious and intimate person harmony with person, person and society, and even entire universe of human being and the nature, set up science developing a Taoist temple, persist in being also consistent along road of sustainable development. The consciousness of non-litigation is one kind of culture phenomenon; it has reflected certain legal action culture. It is a better way to treat it as to ought to be in progress denying again, to need to be good at developing what is useful and discarding what is not namely on the basis denying. Our country has already trend to rule times by law. It is a great important subject that how to consider the thought of non-litigation on theory and practice.Analyzing the general situation, history cause of formation and society background has summed up the value of non-litigation. At the same time, author analyze the attitude and viewpoint about the thought of non-litigation among the scholar at all time with the method of dialectical comparison, and then have reached my own opinion: Treat non-litigation can not to blindly deny, it needs to absorb the essence and discard the dross and inherit additionally on the basis criticizing. Therefore, the main body parts of the article keep a foothold for the purpose of right away about disputing the thought of non-litigation to criticize. It is a proper way that treats namely non-litigation after being in progress on the basis that thought criticizes is not comprehensive abandon but ought to be to develop what is useful and discard what is not.