本文对中国传统诉讼体制所折射出的中华传统诉讼文化进行研究 ,认为中华传统文化具有伦理性、附属性和非规范性等三个主要特征。这些特点从总的说来是中国法制现代化建设的巨大障碍 ,应加以改造 ,但是并不是说中国传统诉讼文化没有其合理性一面和可继承的东西 ,比如伦理性中就有许多值得借鉴。因此需要对中国传统诉讼文化进行批判的吸收和创造性的转化。 This paper studies the Chinese traditional litigation culture reflected by China’s traditional litigation system and holds that the traditional Chinese culture has three main characteristics: ethics, ancillary and non-normative. These features are generally a huge obstacle to the modernization of China’s legal system and should be reformed. However, this does not mean that the traditional Chinese litigation culture does not have its legitimacy and inheritance. For example, there are many ethical issues worth learning from. Therefore, it is necessary to critically absorb and creatively transform the traditional Chinese litigation culture.