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无讼思想深远影响了中国法治的发展,对当前实施依法治国,实现“法治中国”进程亦影响重大。本文结合历史实例,用辩证的观点,对比分析了传统无讼思想在中国法治上造成的关于法的信仰、法的发展、人治或法治等三方面的影响,在此基础上剖析无讼思想与法治中国建设的矛盾与契合,评述传统诉讼思想在当今“法治”及“和谐”背景下如何正确进行批判性继承。
The doctrine of non-litigation has profoundly affected the development of the rule of law in China and has a significant impact on the current implementation of administering the country according to law and realizing “the rule of law in China.” Based on the historical examples and the dialectical viewpoints, this article comparatively analyzes the influence of the traditional non-litigious thinking on the belief in law, the development of the law, the rule of man or the rule of law in China’s rule of law. On this basis, How to Correctly Carry Out Critical Inheritance under the Background of “Rule of Law” and “Harmonious” under the Background of “Rule by Law” in the Contradictions and Agreements of Rule of Law in China.