Research On Chinese Ancient Songshi's Culture

Chinese traditional lawsuit culture, which is based on the natural economy and the feudal absolutism, can't give birth to the lawyer system rooted in the commercial economy and the democratic politics. However, Songshi(Chinese feudal counselor)'s culture has inevitably affected the formation of Chinese lawyer's culture profoundly on account of the cultural inheritable characteristic. To analysis the culture generated by Chinese feudal counselors on lawsuit and compare it with the western culture of lawyer will be meaningful to establish and improve the lawyer culture and promote the reform of lawyer system with Chinese characteristics. This thesis includes three parts:The first part reviews the evolvement of Chinese feudal counselors on lawsuit, who took the vocation to advising plaintiff on procedure and recitation, even writing petition for the helpless. The counselors were accomplished in law and lawsuit, but they didn't work for and earn salary from the government. In history, they were born out of acting as a writing agent in Western Zhou Dynasty, presented themselves formally during Spring and Autumn Period. In virtue of predigesting law in Qin and Han Dynasty, the counselor flew low. To go along with the commercial economy flourishing in Tang and Song Dynasty, the profession of counselor lost no time to make great progress and came close to mature when the capitalist seed begun to root in Chinese feudal economy in Ming and Qing Dynasty. While western powers invaded into Chinese civilization, the modern lawyer system forced itself into Chinese counselor's culture. By then, Chinese modern system of lawyer was established.Part Two focuses on the development background and connotation of Chinese counselor's culture. The economic development provided the necessity to lawsuit activities in late Western Zhou Dynasty, and the abolishment of ceremonial rites and the letdown of social regulations made it possible for counselor to come forth in polity. At the same time, the opening-up education and selection system of able-minded person helped training them. The connotation of counselor's culture was embodied in material civilization and spiritual civilization: the former exhibited in strict conduct, and the latter contained value outlook.The last part compares the culture created by Chinese feudal counselors on lawsuit with culture generated by modern lawyer from following angles: the social environment, admittance system of profession, vocational domain and practitioner's social status and role. On the basis of comparative analysis, we can draw a conclusion that the different political, economic system and lawsuit culture of eastern and western society led them onto different roads.