诉讼文化冲突与中国民事诉讼制度变革七十年

Litigation Culture Conflict and the Reform of China’s Civil Litigation System for Seventy Years

新中国成立七十年来,民事诉讼法制历经多次重大变革而渐趋完善,其间逐渐汇聚形成三种诉讼文化思潮即传承党领导下形成的人民政法传统、传承中国古代诉讼文化和借鉴西方诉讼文化,它们彼此冲突、不断整合。诉讼文化冲突是诉讼制度变革的思想动力,对人民政法传统的传承与发展是其中的思想红线。人民政法传统在与其他诉讼文化思潮冲突与整合的过程中,相继形成了"革命型"政法文化、"法制型"政法文化和"法治型"政法文化三种形态。明晰"政法传统"的本来意蕴和演化形态,以宽容的态度对待多元诉讼文化思潮之间的冲突与融合,有利于推动中国民事诉讼法制沿着正确的方向不断发展。

In the past 70 years since 1949, China’s civil litigation system has been gradually improved after many major changes. During this period, three kinds of litigation culture thoughts have gradually come into being, namely, inheriting the Political Law Traditions formed under the leadership of the CCP, inheriting the Ancient Chinese Litigation Culture and learning from the Western Litigation Culture. Litigation culture conflict is the ideological driving force for the reform of litigation systems, but the inheritance and development of people’s political and legal traditions is the ideological red line. In the process of conflict and integration between different litigation cultures, the tradition of political law has gradually evolved into three forms: revolutionary-type political and legal culture, legal-type political and legal culture and rule-of-law type political and legal culture. Clarifying the original meaning and evolving forms of the 'Political Law Tradition', and treating the conflict and fusion among the pluralistic litigation cultural trends with a tolerant attitude, will be helpful to promote the continuous development of China’s civil litigation system along the right direction.