近年来的一些研究显示,在古代中国,尤其是宋代以降,“健讼”之风与“好讼”现象不胜枚举,并以普遍且严重的态势存在。本文认为,导致“健讼”与“好讼”的原因有很多,而商品经济发展导致人们权利意识的提高、人口膨胀导致的资源紧张、讼师与胥吏的推波助澜、政治体制与司法制度的缺陷,共同构成了古代中国(尤其是宋代以降)民风“健讼”、“好讼”的最主要因素。 In recent years, some studies have shown that in ancient China, especially in the Song Dynasty, the style of “lawsuit suit” and “good lawsuit” are numerous and appear in a general and serious situation. This article argues that there are many reasons that lead to “lawsuit suit” and “good lawsuit”, while the development of commodity economy leads to the rise of people’s awareness of rights, the resource shortage caused by population expansion, the fury of lawsuits and clerks, the political system and The defects of the judicial system together constitute the most important factor in ancient China (especially the Song Dynasty) in respect of civil lawsuits, “lawsuits” and “good lawsuits.”