中国传统社会中的人们对打官司这类事情持反感和拒斥态度,即所谓“厌讼”。作为中国传统社会管理的一个现象,“厌讼”赖以存在的社会基础是对“和”的追求,其文化基础在于中国传统文化的德性至上取向。中国传统文化以强调人的主体至善为基本路径,实现了现代法治难以企及的效果。中国传统法律不应该被当作现代法治的障碍或者历史的珍藏品,而应该在中国法学自我建构中发挥自己的力量。 People in traditional Chinese society dislike and refute such matters as litigation, which is called “dislike litigation.” As a phenomenon of traditional Chinese social management, the social foundation on which “dislike lawsuits” exist is the pursuit of “” and its cultural foundation lies in the virtue orientation of Chinese traditional culture. The traditional Chinese culture emphasizes the perfection of the human subject as the basic path and realizes the effect that the modern rule of law can hardly meet. Chinese traditional law should not be regarded as a barrier to the rule of law or a treasure of history, but should exert its power in self-construction of Chinese jurisprudence.