论文部分内容阅读
对于清人的诉讼思想,学界素有“畏讼、忌讼”之说,而清代的官方话语却不乏“健讼、好讼”之指责。对此,我们不应一概而论,无论是“畏讼”还是“健讼”都不足以准确地概括出清代民众的诉讼思想,都只是其中的一个方面。事实是:在社会诉讼环境相对恒定的情况下,清代民众的诉讼思想与个人因素有很大关系;且随着社会的进步与发展,其诉讼意识也在日益提高。或许,这是我们对清代民众诉讼思想最好的概括与评价。
For the Qing litigation idea, the academics have always called “fear of lawsuit ”, while the official discourse in the Qing Dynasty there is no shortage of “lawsuit, good law ” accusation. In this regard, we should not be generalized, neither “fear of suit” nor “lawsuit suit” are enough to accurately sum up the people’s litigation ideas in the Qing Dynasty, are only one aspect. The fact is: under the circumstance that the social litigation environment is relatively constant, the lawsuits of the people in the Qing Dynasty have a great relationship with individual factors; and with the progress and development of society, the litigation consciousness is also increasing day by day. Perhaps this is the best summary and evaluation of the people’s litigation in the Qing Dynasty.