The Traditional Chinese "litigation" Thinking Of The Present Value Of The Times

The broad and profound Confucianism not only creates characteristic thoughts and conception of Chinese people but also influences the development of both the law system and society of China, because the legal construction of China is based on the deep-seated Confucianism law culture. We should treat our traditional law culture seriously. One of the important features of Chinese traditional law is non-litigation. Both the controlling Confucian school and Legalists and the Taoist school that influence Chinese traditional culture a lot pursued an ideal of non-litigation. Of course, they adopted totally different means. Non-litigation came into being with its root in economical, social and ideological culture and institution, and it has important influence on our law now. As the basic value orientation of Chinese traditional law culture, the traditional non-litigation deeply influences the development of Chinese law. On one hand, the non-litigation over-emphasized order and stability, thus obstructing China's development by conservativeness and causing people's feeling humble and ashamed to appeal. On the other hand, the traditional mediation system developed from the non-litigation thought has played an important part in history and become the source of the people's mediation system today. As a way of setting disputes, mediation system is a significant part of Chinese traditional law culture especially the Confucianism law culture. Its ideological origin lies in the main content of the Confucianism non-litigation—harmonization.This thesis aims to analyze the non-litigation thought and the causes of its appearance and development and reveal how to reasonably convert the wealth of the traditional law culture into practical creativity so as to serve the construction of legal modernization of China's socialism.