The Conflict Between Theory And Practice

As Confucius once said,"When litigation occurs,I will trial it like the others.But my purpose is that there is no litigation to occur again."Non-lawsuit and lawsuit-suppressing had already been a stable official ideal in ancient China.Based on this,people usually believed that,non-lawsuit,deprecating litigation and lawsuit-disgusting were very long historical and popular tradition in China civil society.However,some recent discoveries from historical materials indicate that,litigiosity often been the mainstream at some very time or some very place in ancient China.So we think that,the official ideal of non-lawsuit usually been destroyed by civilians' litigiosity.That means there was a conflict between official ideal and civilian will.We try to tell the different ideals of lawsuit between government and civilians separately in this paper and analysis the reasons.The article was divided into three parts:Partâ… :First,discuss the Non-lawsuit philosophy of ancient China official, analyse its causes,point out that the pursuit of harmony was Non-lawsuit philosophy's origin,which was the same target of both Taoism,Legalists and Confucianism in Pre-Qin Times.Then we will analyse the non-moral factors of Non-lawsuit philosophy: The needs of centralized authoritarian system,the needs of traditional small-scale peasant economy and the patriarchal family,the limitations of official's manpower, financial and intelligence.Then we will analyse the specific ways which the official took on litigiosity, pointed out that the adoption of the rigid system of law and regulations,the various flexible means made up the main way to deprecating litigation. Partâ…¡:we try to observe the fact that litigations were very common in ancient China,and we will point out the fact that litigiosity had become a serious social problem since the Song-Dynasty.And we will investigate the actual results of the official's Non-lawsuit pursuit by analysing the specific acts of the people who litigated.Partâ…¢:We will make a comprehensive analysis of the reason why Non-lawsuit theory wasn't became true from civil and official levels,and then we will clarify our views:In the context of political,economic and cultural of traditional society in ancient China,the official and scholar class created a Non-lawsuit traditional culture of litigation in the judicial sphere,such efforts,to some extent,had an impact on civil litigation,but in ancient China,common people's life was reality or even very hard, people won't give up their own interests unprincipled,especially when such interests related to their basic survival needs,so the litigation was inevitable.Things became more bad from the Song-Dynasty,accompanied by the social and economic development,rapid expansion of population and social conflicts made a large number of people made litigations as a result of interests disputes.On the other hand,the official took non-lawsuit as its supreme principle,its negative attitud toward lawsuits did not resolve the contradictions,moreover,under the authoritarian system and the defects of legal system of justice,the occurrence of lawsuits increased.Finally,the official's pursuit of non-lawsuit failed buy the fact of litigiosity.A large number of facts proved that a conflict between official ideal and civilian will took place in history.