The Traditional Origin Of "No Litigation" And Its Application In A Society With The Rule Of Law

Native legal resources are still of great significance to the construction of the rule of law throughout society.The play of their role cannot be separated from the understanding of their connotation and origin,as well as the analysis of the applicable conditions and scope.As a word that is often mentioned in the study of the Traditional Chinese legal system,the word "non-litigation" should also be used.Although the research on the "non-litigation" legal culture has been quite sufficient in ancient and modern times,there is often a lack of a trace to its roots,from its birth to the development of The Times,with the dynamic process of analysis,which makes the conclusion of its concept and value evaluation are inevitably biased,so this paper mainly through the perspective of the changes of The Times,This paper focuses on the analysis of the connotation and value of the traditional legal culture of "non-litigation" through its traditional origin,and on this basis demonstrates the possibility,conditions and scope of its application in the present.Starting from the formation period of the early feudal state,this paper analyzes the origin of the "non-litigation" legal culture,including the value judgment basis of the pursuit of "harmony" in traditional China,the social structure basis of "integration of family and state" and the feudal orthodox legal thought of "integration of rites and laws" as the theoretical basis.On the basis of the above analysis of connotation and value,the paper continues to investigate the practice of "non-litigation" legal culture from the perspective of changing times,from the application of public opinion and indoctrination to diversified means of conflict settlement,and combines historical materials to analyze the practice mode of "non-litigation" legal culture in detail.In this process,although its social function gradually shifted from maintaining social order to maintaining feudal rule and hindering social progress,its positive value core did not change fundamentally.Moreover,many social governance means aimed at litigation are still of reference significance today,but the negative elements in them are used by feudal rulers.Thus it can be seen that the "non-litigation" legal culture still has vitality but needs to be critically inherited.Based on this,combined with today’s realistic social background,the conflict and integration of traditional "non-litigation" legal culture and the rule of law society are explained,still from the social background of the continuous improvement of the socialist rule of law system with Chinese characteristics,the increasing mobility of social classes and the gradual disintegration of traditional concepts.In the aspects of dispute settlement procedure and social norm system,this paper explains the content worth learning and the dross that need to be eliminated in the "non-litigation" legal culture,and makes a theoretical analysis of how to apply it.Finally,the above content comes down to how to apply the "non-litigation" legal culture,and analyzes the conditions for its application,including the need to determine the concept of dispute resolution from the entity and procedural levels in the "ensure justice and rationality,good balance of interests",and standardize the existing non-litigation mediation system,to ensure that the judicial organs play a leading and safeguarding role;By defining the scope of application,it is found that it has strong applicability to dispute resolution in the neighborhood relations of rural communities and some professional fields.The intrinsic value and critical inheritance of "non-litigation" legal culture as well as the specific application conditions and scope in practice give it new vitality in today’s legal society.