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The Influence Of Chinese Traditional Non-litigation Legal Thought On The People's Mediation System

Posted on:2021-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:S GaoFull Text:PDF
GTID:2436330626464244Subject:legal
Abstract/Summary:PDF Full Text Request
Legal thought,as an important aspect of legal culture,promotes or hinders the development of legal theories and the practice of law in each era.The idea of nonlitigation still affects Chinese legal concepts and legal system.Different understandings of the idea of non-litigation will lead its different effects on the construction of law.The people's mediation system is an important part of the dispute resolution mechanism in China.As a method to mediate disputes between social subjects,it has the functions of eliminating disputes,relieving contradictions,and preventing more stress between the two parts.In China,it plays a role in maintaining local harmony and stability and reducing the number of lawsuits and also can raise citizens' legal awareness.Studying the impact of the idea of non-litigation on the people's mediation system can help us find the worthy part of this idea during the contemporary law construction.At this stage,our country is in a period of rapid development.Various types of contradictions and disputes have become more diversified in social development,and people have become more closely connected.The number of lawsuits has increased rapidly and the subsequent judicial authorities have overburdened them.Issues such as high judicial costs need to be resolved urgently.Under the guidance of the traditional non-litigation ideology,the comprehensive governance thoughts including moral education,to be emotive,reasoning at the grass-roots level,and relying on the power of the masses contains the wisdom such as the profound combination of law and morals which act together on social governance,and people-oriented.Emphasizing that solving social disputes in various ways can make up for the deficiencies of the law to a certain extent.A profound understanding of the idea of non-litigation for the sake of enriching and improving the people's mediation system are undoubtedly very helpful to resolve social conflicts and disputes and reduce excessive litigation in addition to save judicial resources and achieve the goals of social harmony and stability.Therefore,it is of great significance to study the influence of non-litigation thought on the people's mediation system.This paper starts with the connotation of the thought of non-litigation then explain the impact of this idea to the people's mediation system combined with the current situation of the people's mediation system.To be specific,the traditional Chinese legal thought of non litigation has an important impact on the characteristics,methods,functions and objectives of the people's mediation system.Ideology is an important factor in the development of a system.To develop the people's mediation system can not abandon the influence of traditional culture.Learning from the traditional thoughts can also promote the development of the modern legal system,and make the development of the system more adaptable to the situation of our country.Exploring the influence of non-litigation thought on people's mediation system shows the importance of paying more attention to people's thoughts and values,which is essential for enriching the connotation of legal system and developing a legal system preferably.
Keywords/Search Tags:Non-litigation ideas, Harmony, Moral education, Litigation pressure, People's mediation
PDF Full Text Request
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