“无讼”理念作为中国古代社会一种重要的法律观念和基本价值取向,贯穿于儒家法律思想的始终。由于无讼理念对息争止讼,稳定封建统治秩序方面有着积极的影响,中国古代社会的统治者大都对“无讼”理念持积极支持的态度。然而,无讼的本质决定了它无法实现社会的正义与公平,对现代法治建设也必然产生一定的消极影响。 As an important concept of law and basic value orientation in ancient Chinese society, the concept of “no lawsuit” runs through the Confucian legal thought. Since no-litigation concept has a positive impact on the struggle against litigation and the stability of the feudal order, most of the rulers in ancient Chinese society have an active supportive attitude towards the concept of “no litigation.” However, the nature of non-litigation determines that it can not realize social justice and fairness, and will inevitably have a certain negative impact on the construction of the modern legal system.