“无讼”法律传统的法治回应

Response to the Legal Tradition of “No Litigation” from the Perspective of Legality

法治国家的建设离不开传统法律文化的支持,"无讼"作为我国有代表性的法律文化之一,其在当今社会仍有广泛的存在基础。然而,"无讼"有其天然的法治缺陷。因此,需充分考虑"无讼"的法治缺陷,进而在法治推行过程中对其作出正确的回应。

The construction of legal state can out succeed without the help of traditional legal culture. ＂No litigation＂, one of the representative legal traditions in China, has broad basis in the contemporary society. However, ＂no litigation＂ has its own natural defect. Therefore, we should take the defect into consideration seriously and then we can respond to it in a rational way.