诉讼是人们运用法律行使自己权利调处息争的一道有力防线。但据统计所得,当人们身陷囹圄首先想到的并不是用法维权,而是穷尽诉前的救济途径若仍不能保全自身才迫不得已走上“诉途”。为什么会出现如此窘境,我们除了责难传统文化对诉讼的阻碍因素,制度结构的缺陷也是不容忽视的问题。传统风气的改变不是一蹴而就之事,而制度对社会文化的反作用却相比文化转变带来的效用更加积极。于是在“厌讼”这个困境中我们致力于寻找制度的缺陷对阻碍诉讼带来的影响,分别从律师的费用、股东的代表诉讼和行政机构对私人诉讼的救济入手,来探讨“厌讼”背后的制度原因。 Litigation is a powerful defense for people to use the law to exercise their rights to mediate disputes. However, according to the statistics, when people are trapped in poverty, the first thing they think of is not the usage of rights protection, but the means of remedy before they are exhausted can not resort to the “lawsuit” if they still can not preserve themselves. Why such a dilemma arises, in addition to censuring the traditional culture of obstruction of litigation, the flaws in the institutional structure is also a problem that can not be ignored. The change of the traditional culture is not accomplished overnight, but the reaction of the system to the social culture is more active than that brought by the cultural change. Therefore, in the predicament of “dislike lawsuit”, we are committed to looking for the system defects impact on the litigation, respectively, from the cost of lawyers, the shareholder representative litigation and administrative agencies to start the remedy for private litigation to explore Unable to lawsuit "behind the institutional reason.