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The Phenomenon Of Dislike Ligation In Ancient China And Its Reasons

Posted on:2016-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:H J TianFull Text:PDF
GTID:2296330461482162Subject:Law
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There has being a long debate on whether there is a phenomenon of litigiousness in the ancient China or not. There is not a standard answer, in my opinion, it is just a matter of different perspectives. Most of us using ancient official information and academic research data when we do analysis of ancient phenomena, so we has the conclusion of dislike-ligation in ancient China, while the opposite view is concluded from the actual cases in a certain period. In my opinion, there has the phenomenon of dislike for ligation in ancient China. There are subjective and objective reasons such as the official attitude for no litigation, the psychological fear for litigation in ancient folk, the on litigation ideology of Confucianism all result in it.In my opinion, the word "dislike-litigation" does not has a emotional tendency meaning, it means the personal preferences. People do not use the legal means unless there are vital interests by litigation. The official attitude for no litigation, the psychological fear for litigation in ancient folk, the on litigation ideology of Confucianism, the shortage of ancient judicial resources, the incompleteness in ancient judicial system, the costly litigation costs, the poor living situation of ancient people, the feudal ruling ideology of ancient society have a influence on the phenomenon.The phenomenon of dislike-litigation has positive impacts and negative impacts until now. So we can eliminate the negative impacts and enhance the positive impacts by analyzing the reasons, in this way, we can do something to help the modern justice.
Keywords/Search Tags:dislike-ligation, litigiousness, positive impacts, negative impacts, modern justice
PDF Full Text Request
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