"厌讼"思想考辨——兼论对当今乡村纠纷解决的现实意义

古代的厌讼思想,多源于制度层面的欠缺.司法行政合一而导致审判效率低下.因此,厌讼思想大多存在于各代统治阶层,普通民众不仅不厌讼,反而有健讼的倾向.正确认识厌讼的本质及其根源,对今天农村法制建设具有重要的借鉴意义.建立和谐社会要求各级审判机关引导民众正确认识并利用诉讼,既不能以纠缠细故为刁顽.也不宜一味鼓励诉讼,同时完善非讼方式解决纠纷的功能.

The Distinction of the Anti-litigation Thought——And the meaning to the soulation of the disputes happened in the village

In ancient times,the lack of system mostly led to the concept of anti-litigation.Due to the unity of justice and administration,trial efficiency was always below the normal level.Therefore,the anti-litigation was very popular among ruling class in different historical period.On the contrary,there was a tendency of preferences for litigation among Civilian.To study the nature and origin of anti-litigation would be meaningful for the legal construcion in rural areas.Building the harmonious society means the j...