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The Empirical Study On The Culture Of "Lawsuit Frenzy" And "Lawsuit Abhorrence" Between West And East

Posted on:2009-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y YangFull Text:PDF
GTID:2166360242490952Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The passage analyzes the Chinese traditional cultural of litigation with samples in history, from the pursuit of value to the establishment of the rules, and to the path the public actually chose. It was the ideal pursuit of null litigation that made the government restrict and avoid the litigation via a wide range of rules, which brought out the lawsuit abhorrence of Chinese ancient people. However, it wasn't the whole fact. The examples and data in files indicate that there was lawsuit frenzy in ancient China. On the other hand, the passage narrates the evolvement of western conception of litigation, from"a necessary evil"to"The Litigation explosion". The passage explains the reasons for the litigation explosion through the cultural factor, consensus instruction, and establishment of rules, finding out that the fancy for appeals is not the settlement, and that its aftereffect may become the encumbrance that affect the social harmony.So, litigation has the four basic factors: the development status of social economy, cognition level of the public, the credit standing of judicature, and the cost for the appeals. Litigation, a value-free index, can reflect the real situation of a society to some extent, but can't be taken as a criterion for lawsuit frenzy and lawsuit abhorrence. Whether the tendency of lawsuit frenzy and lawsuit abhorrence exists or not is involved with complicated social problems including the tradition of social history and culture, the value orientation of society, the distribution of state and social power resources, the state of judicial function, and so on. Against the background of pursuing harmony, the ideological and practical combination of law-abidingness, defense of the law and harmony, will benefit the formation of proper litigation, the promotion of the idea of rule of law and rights-consciousness, the facilitation of the perfection of legal system, and the enhancement of social equality and justice.
Keywords/Search Tags:Dispute settlement mechanism, the cultural of Litigation, Law-abidingness, defense of the law, social harmony
PDF Full Text Request
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