Research On The Phenomenon Of Anti-litigation In Ancient China

This paper is divided into five parts.The first part is the introduction.It mainly makes a brief description of the background,purpose,research status,research ideas,research methods and the significance of studying weariness of litigation.The second part is the emergence and development of the thought of weariness of litigation in ancient China.This part first expounds the basic theoretical problems of "weariness of litigation",including the definition and characteristics of weariness of litigation;Secondly,it introduces the performance of weariness of litigation in song,yuan,Ming and Qing Dynasties.The third part analyzes the causes of the phenomenon of weariness of litigation in ancient China.The emergence of the phenomenon of weariness of litigation has its unique historical longitude and latitude.Its emergence and development are closely related to the ancient ideological,economic and institutional factors.For example,at the ideological level,it is closely connected with the ancient patriarchal concept,and is also deeply immersed in Confucianism;In terms of economy,on the premise that the level of economic development is limited,the high litigation cost makes people flinch before filing a lawsuit;In terms of system,the mystery of the law and the cruel trial process have virtually weakened the enthusiasm of civil litigation,which have led to the phenomenon of weariness of litigation.The fourth part is the influence of weariness of litigation.The weariness of litigation reflected in the phenomenon of weariness of litigation in ancient China has a negative side to today's construction of the rule of law,which is easy to make people's rights not effectively protected.Secondly,it is not conducive to the enhancement of people's concept of rule of law and the cultivation of legal consciousness.The fifth part is the conclusion.Weariness of litigation,as an embodiment of Chinese legal culture,has its spiritual core today,both reasonable and negative.In the process of building a country under the rule of law,we should adapt the ancient traditional legal concept and modern legal concept to each other.This process is not achieved overnight.It is a complex process.We need to constantly remove the untimely part of weariness of litigation and keep it available.