郭星华撰文《无讼、厌讼与抑讼——对中国传统诉讼文化的法社会学分析》指出,“无讼”是古代国家精英不懈追求的社会理想。为实现这一理想,中国传统社会存在非制度化、制度化和半制度化等三种抑制诉讼的途径。非制度化抑讼途径方面,国家精英在通过多种方式进行道德感化,劝民息讼的同时,也努力营造“为讼有害”的社会舆论,以增加诉讼的道德成本。制度化抑讼途径方面,中国传统社会的诉讼制度通过限制诉讼主体和诉讼时限以增加民众提起诉讼的难度,使诉 Guo Xinghua’s article entitled “Non-litigation, Disgusted Litigation and Litigation Litigation: An Analysis of the Law and Sociology of Chinese Traditional Litigation Culture” points out that “no litigation ” is the social ideal that the elites of the ancient countries relentlessly pursued. In order to realize this ideal, there are three ways of suppressing litigation in traditional Chinese society: de-institutionalization, institutionalization and semi-institutionalization. In the aspect of non-institutionalized litigation, elites of the state tried their best to increase the moral cost of litigation by creating ethical public opinions that are “harmful to lawsuits” while being moral in many ways and persuading them to lawsuit. As for the institutionalized ways of litigation, the litigation system in China’s traditional society has made it more difficult for people to sue through restricting the subject of litigation and the time limit for litigation