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通说认为,我国现行诉讼制度的程序设计和体现出的思想理念是以西方为参照的,与中国传统思想文化(即道统思想)没有太多关联。事实上,现行诉讼法中的诚实信用原则、调解与和解制度、近亲属免证制度、近亲属辩护制度等诸多规定所包含的思想理念,都能从中国传统思想文化中得到本体论层面的充分阐释。本文以诚实信用诉讼原则之道统思想释明作为该领域持续研究的开端。
It is generally believed that the procedural design and the ideological concepts reflected in our current litigation system are based on the West and are not closely related to the traditional Chinese ideology and culture (ie, Taoist thought). In fact, all the ideas and concepts contained in the current code of law, such as the principle of good faith, the mediation and reconciliation system, the kin card system of kinship and the system of close relatives’ defense, can all get the sufficient ontological level from Chinese traditional ideology and culture Explain. In this paper, the principle of honest credit litigation doctrine interpretation as the beginning of the field of continuous research.