Chinese Traditional ’Non-litigation’ Law Thought And Its Modern Value

Chinese traditional culture is very extensive and profound, among whichConfucianism of Non-litigation is one of the most distinguish genres. This thought wasborn under the background of “Contention of Various Schools of Thought”during theSpring&Autumn and Warring States Period. Schools including Confucianism, Taoism,Mohism and Legalism were influenced by each other thus representative cognition ofNon-litigation was cultivated. Combined with the ruling position among hundred schoolsof thought, Confucianism had become the orthodox thought of the feudal society byabsorbing the essence of thought from other genres and Confucianism of Non-litigationbecame an important feature of Chinese traditional law culture. As its dominating valuestraditional thoughts of non-litigation has had a great influence towards the development ofour traditional nomocracy even our society. It has deep economic, systematic, social aswell as ideological and cultural roots. Meanwhile our history used to be effected by its prosand cons. How to deal with this traditional law thought is an urgent and realistic problemin front of us. Once excessive pursuit for the realm of non-litigation, hindering nomocracydevelopment in China, suppressing people’s rights and bringing serious judicatorycorruption, was one of the crucial factors ceasing the social development of our country inthe morden and contemporary times. What’s worse, a series of social problems such ascultural disorder and moral irregularity have emerged under the neo-situation. All theseproblems could be regulated and addressed effectively by executing the mediation systemand prevailing the harmonious way, both of which were embodied right in theConfucianism of non-litigation in the traditional Chinese law culture. Modern ADR, takingmediation system as its core, is an integral part of dispute resolution and even playing amore important and profound role. It is also irreplaceable to prevent “the idea ofomnipotent law” and guarantee the safe social transformation, etc. It’s our strategic missionto build a harmonious socialist society, the harmony, stability and unity of which is just therealm that non-litigation seeking for. In this paper, causes and effects of non-litigationideology as well as itself have been systematically analyzed revealing its modern value andpath to realize creative transformation. Therefore it could serve for the construction ofsocialist nomocracy modernization in our nation and promote harmonious development of our socialist society.