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无讼是传统中国人的道德理想和统治者的治理目标。中国传统社会的厌讼、贱讼心理是长期教化的产物,盲目追求无讼的结果是重狱轻讼的专制主义司法的盛行。“无讼”是王权与专制的另一种折射与表达。在新形势下,不能单纯地将无讼当作和谐社会的目标而累积矛盾,重视通过公正的程序使人民群众的合法权益得到有效的保障,才是解决问题的关键。
Non-litigation is the moral ideal of traditional Chinese people and the governing goal of rulers. The dislike of lawsuits and the disdain for lawsuits in traditional Chinese society are the products of long-term education. The result of blind pursuit of non-litigation is the prevalence of authoritarian justice in jail. “Non-litigation ” is another refraction and expression of monarchy and dictatorship. Under the new situation, we can not accumulate contradictions simply by treating no-cause as a goal of a harmonious society and attach importance to effective protection of the legitimate rights and interests of the people through fair procedures, which is the key to solving the problem.