无讼

wu song

解决产生狱讼的根本性社会问题,以达到预防或平息讼争之目的。春秋时期礼崩乐坏的社会现实下,孔子的“无讼”思想实质上是劝诚君主应当以仁为本,有所作为,以尽可能减少讼争。后人往往将“无讼”演绎为“没有诉讼”“使诉讼不再发生”,以期盼社会没有纠纷。

The underlying social problems should be resolved so as to prevent or quell litigation.In the Spring and Autumn Period when rites and music were in ruins,the Confucian中国传统法治文化thought of"(a society)free from litigation"was essentially intended to exhort the monarch to take benevolence as the foundation for ruling and to reduce lawsuits as much as possible.Subsequent generations tend to interpret“(a society)free from litigation"as"having no litigation""eliminating litigation"or"forestalling litigation",hoping that there will be no disputes in society.