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《周易》是儒家群经之首,亦是研究我国传统法律文化的重要典籍,它在诉讼观上集中体现了儒家主张的“无讼”思想,对后世影响极大。传统法律文化的“无讼”价值观和“息讼”之术,使百姓产生“贱讼”、“耻讼”和“厌讼”的心理,不敢主张权利,是造成我国传统法律“义务本位”的重要因素;“无讼”的法律文化意识使我国传统法律体系中诉讼法制不健全,阻碍法律自身的发展;“无讼”思想是我国古代“律学”发达而“法学”落后的重要原因。
“Book of Changes” is the first group of Confucian classics, is also an important classics to study the traditional legal culture in our country. It focuses on litigation concept embodies the “no-litigation” thought advocated by Confucianism and has a great influence on future generations. The “no-lawsuit” values and “interest-suits” technique of the traditional legal culture make the people have the psychology of “low-interest litigation”, “shame lawsuit” and “dislike litigation” and can not claim their rights. The legal and cultural awareness of “no litigation” makes the litigation legal system in our country’s traditional legal system imperfect and impedes the development of law itself. “Non-litigation” ideology is an important one in our country where ancient “law of learning” is developed and “law” lags behind the reason.