传统中国民众诉讼观念的样态及其本质

An Analysis of the Pattern-and-Cause of People's Idea of Lawsuit in Traditional China

传统中国民众诉讼观念的主要方面是"厌讼"心理,"厌讼"观念是中国封建社会的整体性诉讼观念。但是,在中国古代,"厌讼"观念不是绝对地在各个时期、各个地方都占据着主导地位,在某一特定时期、特定地方也曾出现"好讼"、"健讼"情形。究其原因,传统中国民众"厌讼"、"好讼"及"健讼"这些诉讼观念具体样态的出现均根源于其时其地民众的趋"利"心理。

People＇s idea of lawsuit in traditional China mainly reflects as the sentiment of ＂detesting lawsuit＂, which represents the general idea of lawsuit in China＂ s feudal society. However, the idea of detesting lawsuit didn＇t dominate every period or region in the history. In certain period or place, there have existed ＂litigiosity＂ and ＂disputatiousness＂. The emergence of the idea of detesting lawsuit, litigiosity and disputatiousness all came from people＇s inclination towards benefits at certain time in certain place.