Chinese Traditional Litigation Culture And Modern Litigation Culture Construct

The reform of any system can't go on without renewing of conception. Without the exception of modernization of procedural law. In the historial process of China's procedural law, how to deal with procedural culture, especially traditional procedural culture is a unevitable key problem. One reason is the special way in which china's law experienced in its early age, and the other reason is the economy. Politics and culture, which make traditional procedural law characterized by ethitic, neglect the rights of parties, and for the purpose of pursuing unprocedural law.There are distinctive differenced between traditional society and modern one, economilly or plliticly, So this produce serious conflict between traditional procedural culture and modern procedural system.Fortunately, with the further development of China's economy marketilization and political democratic, and the restruction of a series of modern procedural system, China's construction of procedural law gain a good chance, modernization can't realize in a short time, But depend on comprehensive constructive in according with internal and external condition, We must make effort to reknow traditional procedural conception in a long time: mainly including reknow the value and function of procedural law, the relations between rights and obligation and international standards .