从纠纷到审判利用的过程分析——兼论权利意识和诉讼意识的关系

通过界定权利意识和诉讼意识的概念，指出纠纷发生后，当事人为谋求纠纷的实质性解决，倾向于援引规范作为他们说服的根据，从而使纠纷衍化权利纠纷，权利纠纷使当事人具备权利意识。此．后当事人经过对成本的权衡，并得到国家诉讼政策的允许，选择进行诉讼，将权利意识转化为诉讼意识。结论认为，诉讼意识范畴小于权利意识范畴，具有权利意识的纠纷当事者并不必然选择诉讼作为其权利实现的手段。因此，国家所要做的，就是为当事人之间适于通过审判解决的纠纷提供便利，使其接近司法、接近正义。

A Process Analysis from Dispute to Adjudgement Application——On the Relationship between Right Awareness and Lawsuit Awareness

By defining the concept of fight awareness and lawsuit awareness, this paper points out that the involving parties after disputes tend to seek evidence from regulations in order to get a concrete settlement. As a result, disuptes evolve into fight disputes, which enables the involving parties to possess the awreness of fight. After that, the involving parties choose lawsuit after balancing the cost and seeking permission. As a result, fight awareness changes into lawsuit awareness. We can draw a conclusion that lawsuit awareness is less than fight awareness in terms of scope. The involving parties possessing the right awareness does not necessarily choose lawsuit to realize their fight.