古代中国历来就是一个“义务本位”的国家,只有使百姓安于本业,谦恭顺从,才能维持封建社会秩序的稳定,因此“无讼”和“息讼”就成为了古代社会的主流意识。也正是因为这样,中国古代诉讼的经济成本与现代的诉讼成本略有不同,远远高于现代的诉讼成本,这主要在官府和百姓的诉讼经济成本两方面有所体现。 Ancient China has always been a country with a “duty-based” status. Only by keeping the people safe and obedient to the order of the feudal society can the stability of the feudal social order be maintained. Therefore, “litigation” and “litigation” have become The Mainstream Consciousness in Ancient Society. Precisely because of this, the economic costs of ancient Chinese litigation are slightly different from those of modern litigation, which are far higher than the costs of litigation in modern times. This is mainly reflected in the litigation economic costs of the government and the common people.