Research On The Thought Of Non-litigation Of Yan Xishan

Yan Xishan ruled Shanxi province for 38 years,during the time,he carried out a large-scale,long time of governance movement,and achieved good social effects.And through the governance movement,Yan Xishan's own Non-litigation legal thought,is very rich,unique and has considerable research value.In order to study on Yan Xishan's thought of Non-litigation,the first is to Yan Xishan's archives,books and other ancient texts data classification,sorting,ordering,and the use of literature research method to study,systematic and comprehensive compilation of data comparison analysis,summarizes the Yan Xishan Non-litigation ideological significance,content and characteristics of.The content of the Non-litigation thought,using historical research methods and sociological research methods to conduct in-depth study,found that the existing problems,summed up the experience and lessons.Finally,Combine the historical research with practical investigation,summed up his Non-litigation thought for the contemporary value,to provide historical reference for the solution of practical problems.Introduction:this paper introduces the biography of Yan Xishan himself,and completes the basic introduction of the Non-litigation thought,which is the basis for further discussion.This paper introduces the current academic and academic understanding of Yan Xishan's legal thoughts,and the content of the Non-litigation lack of research results,to be further deepened.The first part:analysis and explanation of the Yan Xishan Non-litigation thought is the main content:Through moral education to teach people To make people agree with the value of Non-litigation;The Subside Lawsuits Council play the function of fair mediation to achieve Non-litigation,and to the principle of fairness,to resolve disputes;Through to the "TugunSongshi"persuade education to reduce litigation;Through the clear right to reduce the occurrence of litigation.Through the registration,clarify the ownership of property rights,reduce disputes;Popularization of legal knowledge to teach people to obey the law to avoid litigation.The second part,through the analysis of the main content of the Non-litigation thought,it is concluded that Yan Xishan's Non-litigation thought has the obvious characteristics:Obvious feudal ethics;Exaggerated the role of moral education;The rule of man is the basic of the rule of law,and to resolve the dispute,not rigidly adhere to the law,to value the reasonable factors;With strong autocratic colors;the Combination of Chinese and western legal thoughts.The third part:though analysis the birth background of Yan Xishan himself,growth experience,ruling experience and Shanxi's special political,economic,cultural and other factors further analysis of Yan Xishan's Non-litigation thinking of the cause.The fourth part:The Evaluation of Yan Xishan's thought of Non-litigation,and strive to the essence of his thought part of the value of contemporary society in China.First,pursuit of order and harmony to build a harmonious society;secondly,the emphasis on moral education compensate for the rule of law;third,to ease social conflicts through mediation model;fourth,pay attention to use the "reasonable" factor;fifth,Emphasizing the thought of Non-litigation,but ignore the legal consciousness.Sixth,emphasize the thought of Non-litigation,but ignore the importance of the process.