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无讼思想得名于《论语·颜渊》篇:“子曰‘:听讼,吾犹人也。必也,使无讼乎!’”这条语录。无讼的含义经过历代学者的相继阐释,到宋代最终形成无讼思想。在此过程中,对于《周易》中的讼卦以及《论语》中该条语录的阐释最为重要。中华先民在面对自己所处时代的问题时,常习惯于向文化经典寻求答案,并在寻求答案的过程中结合当时的实际情况对文化经典加以重新解释,最后用来指导解决问题。无讼思想就是在“阐释——再阐释”的过程中形成的,其内容包含两个方面:在宏观方面,实施仁政,以教化导民,使民不争,构造一个没有诉讼的社会;在微观方面,当诉讼发生时,试图以调解方式而非审判的方式解决诉讼。
No thought of litigation in the “Analects of Confucius Yan Yuan” articles: “Zi Yue ’: listen to the law, I also Jewish also. Will also make no case!’ ” This quotation. The meaning of non-litigation After successive generations of scholars explained to the Song Dynasty eventually formed a no-law idea. In this process, the interpretation of the quotation in the Book of Changes and the Analects of Confucius is most important. In the face of the problems of their own times, Chinese ancestors are often accustomed to seeking answers to the cultural classics and reinterpreting the cultural classics in the process of seeking answers in light of the actual conditions at that time. Finally, they are used to guide the solution of the problems. The idea of non-litigation is formed in the course of “interpretation - re-interpretation ”. Its content includes two aspects: on the macro aspect, it implements benevolent government to educate the people and make the people not fight to construct a society without litigation; At a microscopic level, when a lawsuit occurs, an attempt is made to settle the lawsuit in a mediation rather than a trial.