Analysing The Chinese Traditional "Non-Litigation" Law Thought And The Revelation To The Current Chinese Legal System

The idea "non-litigation" is always esteemed in our country. It is our important national law culture value and strengthened after all previous dynasties rulers. So it becomes our ancient legal thought mainstream spirit. But the excessively pursue of "non-litigation" as well as the posterity regarding the sage "non-litigation" original intention misinterpreting, the thought "non-litigation" lulled the hope from the common people of their own right. The judicature is dark that caused common people's right advocated difficulty. During hundreds and thousands years, the common people gave up their own right, constrained own right request, did not dare to seek the legal protection. It caused the society to turn the dead situation, frustrated the populace the spirit which struggled for the own rights and interests. It is caused "the voluntary standard" that is one of important attributes in our national legal culture in ancient times. But, under the current new situation, the question is already not people does not dare to advocate the right, but is the lawsuit rate excessively climbs. It creates the society contradictory to intensify. In today's time, the population flow rate increases causes people's simple relations which forms to be more and more big, therefore the tendency solves by the lawsuit way. But other for example mediation system is not perfect; the distortion of society's value orientation and the government by law principle ideological trend westernization causes to the lawsuit esteem and to the mediation the contempt and so on then all is not the modernized development inevitable product. The present legal system construction may through the establish perfect mediation system, dial the social chaotic value orientation, the initiative suits the legal thought which our society develops to guide reduces not essential disputes the struggle. The citizen lawful right maintenance not necessarily must through the legal procedure. We have prepared the complete legal framework, certainly is not encourages the common people have a lawsuit, but is the more explicit division right and the duty, hope people can achieve before hand prevents goal. At the same time, we must establish complete and the developed mediation mechanism, strives for causes the dispute in to be brought to court in front of the tribunal can solve. "Non-litigation" certainly is not equal to "non-rule". Certainly, appears the dispute and the friction resorts to above the tribunal is afterwards the citizen defends own right last the defense line. Thus, when front several defense lines cannot solve good question time, the lawsuit can finally solve the disputes, the promotion socialism society's harmonious development.