THE CONCEPTION OF NON-SUITLAW AND ANCIENT CHINESE JUSTICE
Abstract
The ideal of non-lawsuit had always been an ideal pursued by the Chinese traditional legal culture. The emergence of non-lawsuit in traditional China has a long history. To strive for harmonious nature order, to establish a social structure of family and nation isomorphism, to use Confucian to control a political law order all contributed to the appearance of the concept non-lawsuit. As local resource, non-lawsuit has a great effect on Chinese justice. The chase for the ideal of non-lawsuit helped to form, mediation system, which is an peculiar ideal of china, influenced the design of Chinese lawsuit system and methods judges’ on dealing with lawsuit. In addition, in order to build an ideal society of non-lawsuit the antiquity government put emphasis on the guidance of the public. Although the goal of society without lawsuit has never been reached till now, the past Chinese has never give up the effort to realize the ideal of non-lawsuit. With the emergence and development of concept non-lawsuit stores various mental thought. Thus non-lawsuit ideal has both positive and negative influence. There is no doubt that the ideal of non-lawsuit now still have significant affected on Chinese justice. Hence, it is necessary for us to draw lessons from ideal of non-lawsuit and to establish a harmonious society ruled by law.
