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韶山毛氏家族在对待诉讼的态度上大致经历了一个由传统到现代、由厌恶到接受、由传祠惩戒到诉诸法院的转变。毛氏家族作为中国民间社会的代表之一,其诉讼观念的转型也在很大程度上反映出我国民间社会诉讼观念的历史变迁。由对韶山毛氏族谱的分析,可知影响中国传统诉讼观念的三大因素为:诉讼成本高、司法制度腐败、儒家“无讼”文化的浸淫。随着我国法治建设事业的发展,公民的诉讼观念发生了很大转变,然而,传统的厌讼主义诉讼观对现代中国社会产生的影响仍然很大。对此,一方面应重视构建现代诉讼纠纷解决机制,另一方面应注重公民现代诉讼观念的培养。
Shaoshan Mao’s family in the attitude toward litigation generally experienced a from traditional to modern, from disgust to accept, by the disciplinary disciplinary transfer to court. As one of the representatives of Chinese civil society, the Mao family’s transformation of litigation concept also reflects to a large extent the historical changes of the concept of civil society litigation in our country. From analyzing the genealogies of Shaoshan Shaoshan, we can see that the three major factors influencing the traditional concept of litigation in China are: the litigation costs are high, the judicial system is corrupt, and the infiltration of Confucianism With the development of the rule of law in our country, there has been a great change in the concept of citizens’ litigation. However, the traditional view of litigation has still had a great impact on the modern Chinese society. In this regard, on the one hand, attention should be paid to the construction of modern litigation dispute resolution mechanism, on the other hand, attention should be paid to the cultivation of citizen’s modern litigation concept.