The Triple Dimension of the Lawsuit Restraint System in Ancient China and Its Modern Revelation
The lawsuit restraint system is a significant cultural heritage of the ancient Chinese social system,playing a unique role in maintaining social harmony.When examining the lawsuit restraint system in ancient China,the theoretical resources of Confucianism involve the use of etiquette and the value of harmony,Taoism emphasizes the rule of inaction,and Legalism focuses on the settlement and cessation of disputes.Its historical evolution encompasses its decline and resurgence during the pre-Qin period,formation and establishment during the Qin-Han period,maturity and development during the Wei,Jin,Southern and Northern Dynasties,the Sui and Tang periods,and completion and prosperity during the Song,Yuan,Ming,and Qing periods.The prevention of litigation,settlement based on etiquette,and resolution through mediation are the modes of its practice and operation.Practicing the concept of"peace is precious",transforming basic moral norms into legal norms,and perfecting the multi-dispute resolution mechanism with Chinese characteristics provide modern inspirations.
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