On The Evolution Of The Legal Culture Of China's Litigation And The Transformation Of The Legal Culture Of Contemporary Litigation

Human beings always living in the specified culture, in somesignificance, the existence of human are the existence of culture. Beuniversally known, cultureis stabile. Although traditional culture ofprocedural law has become a part of history, it always affects theconstruction and practice of procedural law. The mode of thinking and ideaabout procedural law is affected by history easily. So in the backgroundof judiciary reformation, study China's traditional culture ofprocedural law is very important to the theory and practice.The most notable characteristic in China's traditional culture ofprocedural law is "no accusation", the significance of thischaracteristic is to build a harmonious relationship between people. Ourancients thought that accusation is a bad thing. They thought "noaccusation" is very important to their family, they even wrote it in thefamily law. Besides China's traditional culture of procedural law is veryethical, the Confucian theory influences the development of traditionallaw. So the litigant had no rights in this theory. The China's traditionalculture of procedural law has been shocked in the past one hundred yearfrom the end of Qing Dynasty. Especially in the twenty years from thereform and openness of the PRC, with the development of economy and law,with the spread of western country law theory, it has built a new systemof the culture of procedural law. This system is the result of crashbetween traditional and modern culture, it shows many new characteristicsand brings many new problems to the law construction.The rule by law in China pays close attention to the system construction.In fact, the change of system must accompany the change of idea. Duringthe reform of procedural law system, the problem is how to inherit thetraditional culture of procedural law and how to reform the modern cultureof procedural law. Because of the differences in economy and politics between ancient and modern times, the traditional culture of procedurallaw and modern system of procedural law conflict gravely. But somesituations bring chance to reform China's modern culture of procedurallaw. We couldn't abandon traditional culture when we reform modernculture of procedural law, we must use the positive factor in thetraditional culture. We also need to reinforce the interactive betweenthe culture and the system of procedural law. The most important is toset up the authority of law in our country which is short of law beliefin the history.The modernization of culture of procedural lawis not completed in ashort time, it needsa nice environment. This is a long and hard process.