Research On The Confucianism Of Non-litigation And Its Influence On The Traditional Legal System Construction

A society without dispute and harmony between human beings, man and nature is aneternal dream of the Chinese. Non-litigation thought has sprouted before the spring andautumn and warring states period and Confucius firstly generalized the thought asnon-litigation and elaborated the connation of the Confucianism of non–litigation in thepractice, including preventing the emergence of the dispute and resolving the disputes. Thethought is a joint product of ancient economy, politics, consciousness and other factors, andhas been applied to the traditional legal system construction by means of publicity, education,legislation and justice. On the one hand, non-litigation thought focuses on the moral educationand the legal adjustment as the auxiliary, pays too much emphasis on social order and stability,so that the public only have the thought of “people” but no thought of “citizen”, causing that itis difficult to develop their ideas and produce legal belief, with poor consciousness of right,resulting in rule by people and corruption; on the other hand, the harmonious thought andmultiple mechanisms for dispute settlement derived from the Confucianism of non–litigationis of great reference significance to construct harmonious society and the idea of rule by law,multiple mechanisms for dispute settlement mainly through mediation with Chinesecharacteristic and avoid the non-rational recognition of omnipotent law.As an important constituent of Chinese traditional legal culture, although it has itsdrawbacks, the Confucianism of non–litigation, as an objective history existence, also has itspositive influence and is of great reference significance on the modern legal systemconstruction. This thesis, based on the reality and according to the practice, makes objectiveanalysis and elaboration on the Confucianism of non–litigation, recognizes its connotation,exposes its origin, analyzes its practice approaches and makes appropriate interpretation,makes reasonable expounding, endows the thought with the content and form of the times andintegrates the traditional ethical culture into the modern ethical construction and theconstruction of rule by law so as to offer theoretical resources for the construction ofharmonious society.This thesis consists of four parts, including abstract, introduction, body and conclusion,in which the body consists of five parts.Part One summarizes the connotation of the Confucianism of non–litigation, analyzes its difference between the Taoism and the legalism.Part Two analyzes the origin of the Confucianism of non–litigation in order to have adeep comprehension and recognition o the thought.Part Three discusses the application of the Confucianism of non–litigation into thetraditional legal system construction. This part, in combination with the historical materials,discusses the practice approaches of the Confucianism of non–litigation from the perspectiveof publicity and education, legislation and justice.Part Four probes into the negative and positive influence of the Confucianism ofnon–litigation on the traditional legal system construction in order to absorb the essence anddiscard the dregs.Part Five analyzes the reference significance of the Confucianism of non–litigation to themodern legal system construction in order to offer more theoretical resources and spiritsupport for the modern social construction.