The Traditional Chinese Concept Of No Suit And Its Contemporary Value

As the value orientation and ideal pursuit of traditional Chinese legal culture, theconception of no litigation has a very profound impact on people since ancient times, and stillexert an imperceptible influence on our thinking and behavior, affecting the process ofmodernization of Chinese legal system. In contemporary society, many scholars have researchon the traditional conception of no litigation, but most of their research focused on theanalysis of an overview of it, including its causes, nature, social realization as well as thehistorical influence, for its positive impact, especially in contemporary value is seldominvolved. And this is the main purpose that we study the traditional conception of no litigation,namely, draw beneficial side to serve the society of socialist legal system better.The entire article to the literature and historical research-based, access to historical data onthe basis of the analysis of the traditional concept of First Instance connotation and its causes,and that the community to achieve the way of ethics, decency and propriety that no litigation,mediation interest dispute, punish defendants only. Second, both positive and negative aspectsof the traditional no First Instance of view of Chinese society, especially the positive impact.Finally, scholars less contemporary value of involving traditional First Instance concept,starting from the actual situation now, and briefly discusses the contemporary value of thetraditional First Instance concept.By the study can be found, even though the times have changed, the tradition conception ofno litigation still has great value on today’s society. Actively to build a socialist society underthe rule of law, the research to the tradition conception of no litigation can help to compensatefor the legal defects, to easing social conflicts between people, and to strengthen theconnection between the party and government with the people, and to conducive to building aharmonious society. In addition, no litigation can reduce the occurrence of litigation, save alarge amount of judicial resources for us; it can help to improve the professional quality of thejudicial officers it reduce the occurrence of litigation, saving a certain amount of judicialresources by stressing the conception of no litigation; it help to improve the professionalquality of the judicial officers and ensure the quality of case handling; it promote theestablishment of the modern mediation system.; it promote the establishment of the modernmediation system.So, treat no litigation can not to blindly deny, it needs to absorb the essenceand discard the dross and inherit additionally on the basis criticizing. Better to build a socialistsociety under the rule of law.