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读罢费孝通先生的《乡土中国》,我更加识清了传统社会的面貌,反观我们所处的所谓现代社会,也随之有了我的一些思考。本文认为,在一定意义上,受以“厌讼”为主要特征的传统诉讼观念的,总体上具有现代特征的法律在实施过程中受到阻却;法律制度的变革与诉讼观念的转变不具有同时性,传统诉讼观念在一定范围内存在,是造成这一状况的主要原因。因此,转变传统诉讼观念对当今中国的法治建设具有至关重要的意义。
After reading Fei Xiaotong’s “Native China,” I have become more aware of the traditional society. In contrast, the so-called modern society in which we live is also followed by some thoughts of mine. This paper argues that in a certain sense, the law with the general characteristics of the modern law subject to “dislike litigation ” as the main feature has been obstructed in the process of implementation; the change of the legal system and the concept of litigation do not have Simultaneity, the concept of traditional litigation exists in a certain range, is the main reason for this situation. Therefore, changing the concept of traditional litigation is of crucial significance to the construction of the rule of law in China today.