试析明代民众诉讼观念的特点及其成因——兼谈其对现代的借鉴意义

Characteristics and Causes of People's Concept on Lawsuit in the Ming Dynas ty——The Reference for Modern Society

在明代 ,特别是中叶以后 ,随着社会的发展 ,民间的“健讼”之风日渐兴起 ,传统的“厌讼”观念受到了前所未有的冲击 ;但同时 ,民众的“厌讼”心理依然普遍存在。这种矛盾性和复杂性是明代民众诉讼观念的最大特点。文章试从多角度对其成因进行分析 ,以对现代社会有借鉴意义。

In Ming Dynasty, especially in its later stage, “litigiosity' sprang u p among the people with the development of the society. The traditional concept on lawsuit was impacted. But at the same time, people still had the idea of “li t igation weary'. This is the most obvious characteristic of the people's concept of lawsuit in Ming Dynasty. The causes of formation are analyzed in this essay f or our society as reference.