中國古代無訟思想探究

Abstract

The idea of "no litigation" is an important part of Chinese legal thought. All ancient Chinese scholars advocated the idea of "no litigation". Its appearance has profound historical roots, and also has the role of social politics, economy, and ideology and culture at that time. At the same time, the idea of "no litigation" has also shown different forms of existence in legislative practice, judicial practice, and the governance measures of the ruler. Starting from the origin of the idea of "no litigation", under the promotion of Confucianism, Taoism, legalism and the concept of "harmony", combined with the political propaganda carried out by the ruler, the "no litigation" dissemination in judicial practice, and moral education. The promotion of "non-litigation" can analyze the rationality and limitations of the "non-litigation" idea, and then take its essence, explore the important influence of the "non-litigation" idea on the characteristics, methods, functions, and objectives of the alternative dispute resolution mechanism.