传统中国的“厌讼”现象及其对现代社会的启示

Traditional Chinese phenomenon of refrainment from engaging in lawsuits and its revelation to the contemporary society

本文主要从解决纠纷的社会机制和诉讼效益两个方面对传统厌论现象予以分析，并以此为基础指出现今我国诉讼制度存在的一些问题是造成公民不愿打官司的原因之一，强调在现代社会除诉讼外，对于其他的解决纠纷的机制应给以充分重视。

In this paper, the traditional Chinese phenomenon of refrainment from engaging in lawsuits is approached from the angle of role of the social mechanisms for mediation of disputes and from the angle of litigant benefits, on the basis of these the paper points out that one among the few factors which lead to the phenomenon of refrainment from engaging in lawsuits is none other than the many problems existing in present-day China's legal proceedings. The paper stresses that in contemporary society full attention should be paid to channels other than lawsuits such as resorting to the social mechanisms for mediation of disputes.