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中国古代民众的诉讼观念以厌讼为主流,好讼为支流,并不断地发展变化着,这一过程有其深刻的经济、社会、历史文化和制度根源。诉讼是人类社会解决纠纷的一种手段,它决非良药,无论是“厌讼”的诉讼观还是“好讼”的诉讼观,无论是诉讼方式还是调解方式,人们真正希望的是圆满地解决纠纷。当前,只有疏通各种纠纷的调解渠道,建立多元化纠纷解决机制,并不断完善诉讼制度,才能缓解法院的“诉讼爆炸”危机,也才能真正化解纠纷。
The concept of litigation in ancient China is dominated by dislike litigation, good litigation and continuous development and change. This process has its profound economic, social, historical, cultural and institutional roots. Litigation is a kind of means to solve disputes in human society. It is by no means a good medicine. Whether it is litigation view of litigation or litigation view of litigation, whether litigation or mediation, what people really hope It is a successful solution to the dispute. At present, only the channels of mediation for various disputes can be cleared, the mechanism for resolving disputes can be established, and the system of litigation can be continuously perfected so as to ease the “litigation explosion” crisis in the courts and resolve the disputes.