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我国历经几千年文化传承逐渐形成以维护政治统治和社会秩序为目标的无讼思想。无讼思想是君主专制的产物,其以让民畏讼、息讼从而达到无讼为目的,实质是为了维护君主专制下的统治秩序。辛亥革命推翻了君主专制,引入西方的民主共和政体,要求变人治文化为法治文化,实现民主、自由与正义。然则法治建设仍需改变传统法文化来实现。
After thousands of years of cultural inheritance, our country has gradually formed a non-litigious thinking with the goal of safeguarding political rule and social order. The principle of non-litigation is the product of the monarchy, which aims to make people’s courtesy suit and interest suit to achieve non-litigation, in essence, in order to maintain the rule of order under monarchy. The Revolution of 1911 overthrew the monarchy and introduced the democratic republic in the West. It called for the transformation of the rule of man into the culture of the rule of law and the realization of democracy, freedom and justice. However, the construction of the rule of law still needs to be changed to realize the traditional legal culture.